State v. Bernardy
Washington Court of Appeals
25 Wash. App. 146 (1980)
- Written by Kelli Lanski, JD
Facts
Kenneth Bernardy (defendant) was convicted of second-degree assault after kicking Steven Wilson in the head several times, injuring him. Wilson had been in an altercation with Bernardy’s friend, and Bernardy testified at trial that he kicked Wilson to protect his friend. Bernardy claimed that Wilson started the fight and was getting up off the ground to go after Bernardy’s friend when Bernardy kicked him. At the same time, Bernardy saw that one of Wilson’s friends was coming to Wilson’s assistance. Bernardy also testified that because he was wearing soft tennis shoes, he did not think his kicks would seriously injure Wilson. Bernardy appealed his conviction, arguing that the trial court erred in failing to instruct the jury on the defense-of-others defense.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
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