Weaver v. State

Von Roger Weaver was convicted for assault in the first degree and sentenced to ten years' imprisonment. The basis of this appeal is the failure of the trial judge to give three of the defendant's written requested charges relating to the use of deadly physical force.

The refused charges were:

"Charge No. 18

"I charge you, gentlemen of the jury, that a citizen may repel force with force in defense of his person against one who manifestly intends or endeavors to use unlawful physical force against him. A citizen may use deadly force if he (the actor) reasonably believes that the other person is…