State v. Montalbano

The majority reverses the conviction because of the refusal of the trial judge to give a lengthy special charge to the jury on self-defense. Without considering the substance of the charge, the trial judge ruled that the evidence raised no issue of self-defense.

In his Per Curiam, the trial judge explains his ruling as follows:

“The defendant did not plead self-defense in this case. His plea through the cross-examination by his counsel as well as the witnesses presented by him was a flat denial that he committed the offense and not that it was committed in self defense. As such, self defense…