State v. Madry

The defendant, Lawrence Madry, appeals from a jury conviction of first-degree assault. The appeal has raised important issues concerning the evidence and instructions which may be presented to the jury in support of defendant’s theory that he was justified in using a deadly weapon to recover his property. We find that the trial judge did not err in excluding the evidence and refusing the instruction. We also do not agree with Madry’s other assignments of error.

The facts of the case are somewhat in dispute, but the evidence supports the following. Acquaintances Madry and John Lowell were…