Yocum v. State

WALSH, Justice.

In this appeal from the Superior Court, the appellant contends that his convictions for aggravated menacing and related weapons charges should be reversed because the trial judge erroneously refused to instruct the jury on the defense of justification for the protection of personal property pursuant to 11 Del. C. § 466(a)(3). We conclude that, under the facts of this case, where the theft of appellant’s property had already occurred, a threatening display of a handgun was not justified. Accordingly, we affirm.

I

The events underlying the charges against the appellant, John C.…