State v. Mayo

The defendant, Josiah Mayo, appeals his convictions, following a jury trial, of first degree assault with a deadly weapon, see RSA 631:1,1(b) (Supp. 2014), and reckless second degree assault, see RSA 631:2,1(a) (Supp. 2014).1 On appeal, he argues that the Superior Court {Delker, J.) erred by: (1) failing to instruct the jury that his use of force in defense of his cousin was justified if he reasonably believed that his cousin was not the initial aggressor or provoker; (2) denying his motion to dismiss the first degree assault charge on the grounds that his shod foot could not constitute *447a…