State v. Neild

[¶ 1] Eugene W. Neild appeals from a judgment of conviction for aggravated assault (Class B), 17-A M.R.S. § 208(1)(C) (2005), entered after a jury trial in the Superior Court (Lincoln County, Bradford, AR.J.), contending that the court erred in refusing to instruct the jury on the use of force in the defense of premises.1 We agree and vacate the judgment.

I. BACKGROUND

[If 2] On the morning of December 2, 2003, Neild was at the home of his new girlfriend.2 He had stayed with her the night before and was making breakfast in the kitchen when the victim arrived.

[¶3] The victim and the girlfriend…