State v. Frank

[¶ 1] Adam H. Frank appeals from a judgment of conviction of assault (Class D), 17-A M.R.S. § 207(1)(A) (2007), entered by the District Court (Ellsworth, Staples, J.) following a trial. Frank contends that the statutory defense of physical force in defense of a third person, 17-A M.R.S. § 108(1) (2007), 1 was generated by the evidence and not disproved by the State. 2 Contrary to Frank’s assertion, the evidence was sufficient for the court to find that the State had disproved the statutory defense beyond a reasonable doubt.

[¶ 2] In his testimony at trial and again in his closing argument,…