STATE v. DYER


769 A.2d 873 (2001)

2001 ME 62

STATE of Maine v. Ryan DYER.

Supreme Judicial Court of Maine.

Decided April 20, 2001.


Attorney(s) appearing for the Case

Neale T. Adams, District Attorney, Carrie L. Linthicum, Asst. Dist. Atty., Presque Isle, for State.

Jefferson T. Ashby, Esq., Hardings Law Offices, Presque Isle, for defendant.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


DANA, J.

[¶ 1] Ryan Dyer appeals from a judgment entered on a jury verdict in the Superior Court (Aroostook County, Warren, J.) finding him guilty of assault (Class D), 17-A M.R.S.A. § 207 (1983). Dyer contends that the court erred in refusing to instruct the jury on the use of force in defense of premises, 17-A M.R.S.A. § 104(1) (1983). We agree, vacate the judgment, and remand for a new trial.

BACKGROUND

[¶ 2] The facts...

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