State v. Bates

Defendant, Jerome Bates, appeals from his conviction after a jury trial of assault in the first degree and armed criminal action. He was sentenced to a total of thirteen years imprisonment.

Defendant alleges on appeal that the trial court erred in refusing an instruction on excusable assault based on MAI-CR2d 2.28 offered by the defense. As a result of this refusal defendant argues that he was deprived of his right to have his defense fully presented to the jury. The court of ap*759peals affirmed. We granted transfer on motion of the state, which was the prevailing party, and likewise affirm.

The…