WILBUR, Justice.
[¶ 1.] Jeremy Zephier appeals his aggravated assault conviction arguing that the trial court abused its discretion in denying his (1) proposed jury instruction and (2) motion for a new trial. We affirm.
FACTS AND PROCEDURAL BACKGROUND
[¶ 2.] Zephier was at Donita Wika's Vermillion apartment drinking beer with friends on a Friday evening. That same evening, Julia Marshall, Zephier's former girlfriend, was with her new boyfriend...
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