NH CrJI 3.10 SELF-DEFENSE: GENERALLY
NH CrJI 3.10 SELF-DEFENSE: GENERALLY [1985]
Evidence has been presented that the defendant acted in self-defense. When there is some evidence of self-defense, the State must prove beyond a reasonable doubt that the defendant did not act in self-defense. If you have a reasonable doubt as to whether the defendant acted in self-defense, you must find the defendant not guilty.
In deciding whether the defendant acted in self-defense, you should consider all the circumstances surrounding the incident. You should consider how the defendant acted under the circumstances as they were presented to him at the time, and not necessarily as they appear upon detached reflection. You should consider whether the defendant’s belief that it was necessary to use deadly/non-deadly force was reasonable when he acted in the heat of passion.
State v. Gorham, 412 A.2d 1017 (NH Supreme Court 1980)
Aldrich v. Wright, 52 N.H. 398 (1873)
