Jesse D. Wagers v. State

Jesse Wagers (“Appellant”) appeals from his conviction for felony battery. His only contention on appeal is that the trial court erred in refusing to give a requested jury instruction on the justifiable use of non-deadly force. We agree and therefore reverse and remand for a new trial.

Appellant was charged with the aggravated battery of his brother 1 who lived with Appellant and Appellant’s girlfriend prior to this incident. The injuries the brother sustained were so severe that he was hospitalized for five days, he required multiple plates to hold his bones in place, and all of his teeth had…