State v. Gonzales

Defendant David Gonzalez appeals the Thirteenth Judicial District Court, Big Horn County, jury verdict which found him guilty of felony assault against Ronald Thompson. We affirm.

The following two issues are raised on appeal:

1. Did the District Court properly instruct the jury on the affirmative defense of justifiable use of force?

2. Did the jury properly reject the defendant’s affirmative defense of justifiable use of force?

BACKGROUND

The following facts come from the State’s case-in-chief. On August 7, 1994, David Gonzales went to the Wagon Wheel Bar in Hardin, Montana, at about 11:30 p.m.…