David v. State

OPINION

COATS, Judge.

This case presents the single issue of whether the defendant was entitled to an instruction on the use of force in defense of a third person (AS 11.81.340) at his trial for fourth-degree assault.

The state’s evidence was directed at establishing that twenty-six-year-old Michael David kicked his sixty-eight-year-old uncle, Andrew David, in the groin area March 6, 1984, in the village of Kwethluk. According to Andrew David, he noticed Michael David’s children playing near his dogs in the area separating Andrew David’s house from the house occupied by Michael David and his…