State v. Glassman

[¶ 1] Joseph Glassman appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.) following a jury trial conviction on the charge of criminal threatening with a dangerous weapon (Class C), 17-A M.R.S.A. §§ 209, 1252(4) (1983). On appeal, Glassman contends that the court erred in ruling that he used deadly force in pointing a gun at the alleged victim, and in failing to instruct the jury on self-defense. We agree and vacate the judgment.

I. CASE HISTORY

[¶ 2] In the early morning hours of November 9,1999, Joseph Glassman, who was a tenant in an apartment building in…