Coleman v. State

HERRMANN, Chief Justice:

(for the majority of the Court)

The defendant seeks review of his conviction for assault and battery on the ground that the Trial Court improperly charged the jury as to the defense of justification. The instruction included the following :

“ * * *. The use of force upon or towards another is justifiable when the defendant reasonably believes that such force is admittedly necessary for the purpose of protecting himself against the use of unlawful force by the other person at the time.

“ * * * [Wjhere one is assaulted in a sudden affray, and in the judgment of the jury…