State v. Peterson

This is an appeal from a conviction of assault in the second degree.

The only issue in this case is whether instruction No. 7 1 should have been given.

Just enough of the factual content will be given to make clear the basis of appellant’s argument.

Both the appellant and the man he shot (Roland Barry) were guests at a party. Between 4 and 4:30 a.m. (August 26, 1966), there was an altercation between Barry and the appellant. In the presence of the six or seven other persons still remaining at the party, Barry “said some pretty humiliating things” to the appellant and “slapped” him at least twice.