Banks v. State

The defendant’s principal contention is that he should be relieved from criminal responsibility of the act charged because he was exercising a statutory privilege of self-defense. This contention divides itself into two issues:

*148(1) Whether, as a matter of law, defendant acted in self-defense.(2) Whether the defendant should be granted a new trial in the interest of justice.

The self-defense statutes provide, in part, as follows:

“939.48 Self-defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or…