City of Jamestown v. Kastet

Citations

• 970 N.W.2d 187
• 2022 ND 40

Syllabus

A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it. In determining whether the jury should have received an instruction on a particular defense, this Court views the evidence in the light most favorable to the defendant. If the district court evaluates the evidence supporting a proposed defense and declines to charge on that defense, it dilutes the defendant's jury trial by removing the issue from the jury's consideration.