State v. Arthur

—The defendant, William Dean Arthur, appeals the judgment and sentence imposed upon a jury verdict finding him guilty of second degree assault. The sole issue here is whether the court erred in giving the aggressor instruction to the jury. We hold that the instruction is vague and reverse.

Arthur was convicted of second degree assault with a deadly weapon for stabbing Terry Waterhouse. Waterhouse testified at trial that he was in the parking lot at a convenience store with several friends. He said Arthur approached him, was drunk and abusive, and was "in his face." He pushed Arthur to get him…