GUTIERREZ v. STATE

No. 126,2003.

842 A.2d 650 (2003)

Carlos GUTIERREZ, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 25, 2003.

Reissued: February 25, 2004.


Attorney(s) appearing for the Case

Robert M. Goff, Jr., Esquire, Office of the Public Defender, Wilmington, Delaware, for Appellant.

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

Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices.


VEASEY, Chief Justice.

In this appeal we consider the quantum of evidence that is sufficient to require that a trial court grant a defendant's request for a jury instruction on self-defense. We conclude that a defendant has submitted sufficient evidence to satisfy the credible evidence threshold for a self-defense instruction if the defendant's rendition of events, if taken as true, would entitle him to the instruction. Therefore...

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