State v. Darling

The defendant-appellant was convicted of two counts of simple assault. 13 V.S.A. § 1023(a) (3). On appeal he claims the trial court erred: (1) in denying his motion for judgment of acquittal at the close of the evidence; (2) in its jury instructions regarding the duty to retreat where self-defense has been raised; and (3) in not instructing the jury regarding the mutual combat provision of the simple assault statute, 13 V.S.A. § 1023(b).

This case involves an assault by the defendant on three men who were walking on the railroad tracks behind his house. Several days prior to the incident, the…