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attention to the instructions that I am about to give
you.
The Defendant in the case has been accused
of the crime of Battery. Before you can find the Defendant guilty of Battery the State must prove the following element beyond a reasonable doubt.
Robert S. Minton intentionally touched or
struck Richard W. Howd against his will.
At issue in this case is whether the
Defendant acted in self-defense. It is defense to the offense with which the Defendant is charged if the injury to the victim resulted from the justifiable use of force not likely to cause death or great bodily harm.
The Defendant would be justified in using
force not likely to cause death or great bodily harm against the victim if the following two facts are proved:
One, the Defendant must have
reasonable believed that such conduct was necessary to defend himself against the victim’s imminent use of unlawful force against the Defendant.
Two,
the use of unlawful force by the
victim must have appeared to the Defendant ready to take
place.
In deciding whether the Defendant was
justified in the use of force not likely to cause death
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