State v. Torres

CROCKETT, Chief Justice:

Defendant appeals from his conviction by a jury of aggravated assault with a deadly weapon upon- a Salt Lake City police officer. 1

The defendant does not deny striking the officer with the latter’s nightstick, but claims that he acted in self defense. The error he relies on is the failure of the trial court to give the jury his requested instruction to the effect that the defendant need not prove his defense by any particular degree of proof.

On the evening of September 16, 1978, Salt Lake police officer John Foster, on duty in the area of 1300 South State in Salt Lake…