State v. Castillo

CALLISTER, Justice:

Defendant appeals from liis conviction upon a jury verdict of the crime of an assault with a deadly weapon, Section 76-7-6, U.C.A.1953. He contends that the trial court committed prejudicial error by its refusal to instruct the jury as to his theory of the case.

Early in the morning, on March 12, 1968, defendant went to the home of his former wife, Caroline Castillo. He was met at the door by Caroline’s brother, Santana Gonzales, who, defendant claims, had a stick in his hand. Defendant testified that he just walked into the living room. Defendant was armed with a knife,…