Astwood v. Cohen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that even where an aspect of defendant’s testimony was inconsistent with justification defense, charge should have been given
• rejecting contention that justification defense is available only where conduct is admittedly intentional, and citing precedent holding that justification defense applied to second-degree manslaughter even where defendant contended that he “inadvertently5’ stabbed victim
• where reasonable view of the evidence supports defense of justification, the trial court should instruct the jury as to the defense and must when so requested
• “[A] criminal defendant is entitled to instructions relating to his theory of defense, for which there is some foundation in the proof, no matter how tenuous that defense may appear to the trial court.”

Source: CourtListener parenthetical corpus (CC0).