State v. MacIas

LANSING, Judge.

Patrick Macias appeals his conviction for aggravated battery, asserting that the district court erred in refusing to instruct the jury that an act is not criminal if it was the result of misfortune or accident.

Macias and the victim were at the same bar one January night, both consuming alcohol with their respective groups of friends. The victim said that he had noticed Macias, but did not know him and had not talked to or about him. According to the victim, as he was drinking from a long-necked glass bottle, he felt a tap on his shoulder. He toned, saw Macias, and immediately…