City of Jamestown v. Kastet

Summary

The North Dakota Supreme Court reversed and remanded a simple-assault conviction because the district court refused to instruct the jury on consent and self-defense. The Court held that the trial evidence was sufficient to raise both defenses and that the jury, rather than the court, should determine whether the defenses applied.

Holdings

1. Kastet was entitled to a consent instruction because the trial evidence, viewed in the light most favorable to him, was sufficient for the jury to determine whether Fuchs consented to the fight and whether the resulting injury satisfied the statutory limitations on consent.
2. Kastet was entitled to a self-defense instruction because his testimony that he felt intimidated and believed Fuchs was about to hit him provided sufficient evidence to raise the defense. The district court impermissibly evaluated the evidence and removed the issue from the jury.

Questions Presented

1. Whether the district court erred by refusing to instruct the jury on consent as a defense to simple assault.
2. Whether the district court erred by refusing to instruct the jury on self-defense.

Disposition

reversed_and_remanded