Kilpatrick v. State

LESTER, M. IGNATIUS, Associate Judge.

The defendant, Gerald Kilpatrick, was charged on a two count information for aggravated assault. The defendant was granted a new trial after a jury had acquitted him on one count and convicted him of the other count. The defendant moved for a mistrial after the discharge of the jury when two of the jurors made it known to the trial court that they would have found the defendant not guilty on both counts if they had considered self defense in their deliberations, but since there was no other choice other than guilty or not guilty they found the defendant…