State v. Bienkowski

CRIST, Presiding Judge.

Appeal from a jury conviction of first degree assault. The jury was instructed on first and second degree assault and self-defense. Instructions on the defense of intoxication (MAI-CR.2d 3.30.1) and mitigation of assault because of extreme emotional disturbance (MAI-CR.2d 19.02 and 19.03) were refused. Defendant alleges error in the refusal of those instructions and their corresponding verdict directors. We affirm.

On December 21, 1979, Ronald Townsend met his wife, daughter, mother and his mother’s friend Jim at a tavern shortly after 11:00 p. m. Shortly thereafter,…