State v. Patterson

[¶ 1] Michael Patterson appeals from a judgment of conviction for assault (Class D), 17-A M.R.S.A. § 207(1)(A) (Supp. 2003), 1 entered in the District Court (Rum-ford, McElwee, J.) after a nonjury trial. Patterson contends that the District Court erred when it rejected his 17-A M.R.S.A. § 105 (1983) defense of property defense, which he asserts was applicable in the circumstances of this case. The record is unclear and conflicting as to whether the court applied the section 105 defense and rejected it, or whether the court concluded that the defense could not be applied as a matter of law.…