State v. Fischer

Defendant, Eugene Victor Fischer, appeals from his conviction of second-degree assault. RCW 9A.36-.020. At trial, he readily acknowledged striking the alleged victim with a flashlight, but asserted his actions were justified because he was lawfully defending himself and his employees. We hold that the trial court's instruction regarding the circumstances under which defendant was entitled to use force to defend himself and others did not provide the jury with an adequate standard upon which to measure the defendant's action. Accordingly, we reverse his conviction and remand the cause for new…