State v. Labanowski

— Stephen Labanowski appeals from his conviction for second degree assault. Labanowski contends that the trial court erred in refusing to give his proposed instruction based on revised WPIC 155.01.

Labanowski was charged with second degree assault following a fight on May 31, 1988. The case was submitted to *861the jury on standard instructions covering second degree assault and the lesser included offense of simple assault. The trial court also gave instruction 16, a standard concluding instruction based on former WPIC 155.00.

Counsel for Labanowski excepted to instruction 16, arguing that the…