YOCUM v. STATE

No. 379,2000.

777 A.2d 782 (2001)

John C. YOCUM, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 31, 2001.


Attorney(s) appearing for the Case

Timothy G. Willard, Esquire, Fuqua and Yori, P.A., Georgetown, Delaware, for Appellant.

John Williams, Esquire, Deputy Attorney General, Department of Justice, Dover, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court


WALSH, Justice.

In this appeal from the Superior Court, the appellant contends that his convictions for aggravated menacing and related weapons charges should be reversed because the trial judge erroneously refused to instruct the jury on the defense of justification for the protection of personal property pursuant to 11 Del. C. § 466(a)(3). We conclude that, under the facts of this case, where the theft of appellant...

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