State v. Patterson

ARNOLD, Judge.

I

There is no merit in defendant’s argument that the court erred in instructing the jury with respect to one of the elements of self-defense. The basis of defendant’s argument is that the trial court instructed the jury that it would have to consider, in determining the reasonableness of defendant’s apprehension for his safety, whether the deceased had a weapon,' not whether defendant reasonably believed that the decedent had a weapon. Defendant, however, fails to consider the trial court’s complete charge on the element of defendant’s apprehension:

“For a killing to be justified…