State v. Silas

OPINION

Before RABINOWITZ, C. J., and CON-NOR, BOOCHEYER, BURKE and MATTHEWS, JJ. MATTHEWS, Justice.

Respondent Jack Silas is charged with assault with a dangerous weapon, a violation of AS 11.15.220. 1 It is alleged that Silas pointed a loaded revolver at a person approaching his ear and threatened to use it. Prior to trial, the state proposed a jury instruction to the court that would have defined assault with a dangerous weapon as including merely threatening another person with the weapon in a menacing manner. The court rejected this instruction, ruling that it would instruct the jury that…