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DAVID v. STATE

No. A-599.

698 P.2d 1233 (1985)

Michael DAVID, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 10, 1985.

Attorney(s) appearing for the Case

Nelson Traverso, Asst. Public Defender, Bethel, and Dana Fabe, Public Defender, Anchorage, for appellant.

George F. Schaefer, Dist. Atty., Bethel, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

COATS, Judge.

This case presents the single issue of whether the defendant was entitled to an instruction on the use of force in defense of a third person (AS 11.81.340) at his trial for fourth-degree assault.

The state's evidence was directed at establishing that twenty-six-year-old Michael David kicked his sixty-eight-year-old uncle, Andrew David, in the groin area March 6, 1984, in the village of Kwethluk. According to Andrew David, he...

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