202

202
 
attention to the instructions that I am about to give
you.
 
The Defendant in the case has been accused
of the crime of Battery. Before you can find the
Defendant guilty of Battery the State must prove the
following element beyond a reasonable doubt.
 
Robert S. Minton intentionally touched or
struck Richard W. Howd against his will.
 
At issue in this case is whether the
Defendant acted in self-defense. It is defense to the
offense with which the Defendant is charged if the injury
to the victim resulted from the justifiable use of force
not likely to cause death or great bodily harm.
 
The Defendant would be justified in using
force not likely to cause death or great bodily harm
against the victim if the following two facts are proved:
 
One, the Defendant must have
reasonable believed that such conduct was necessary to
defend himself against the victim’s imminent use of
unlawful force against the Defendant.
 
Two, the use of unlawful force by the
victim must have appeared to the Defendant ready to take
place.
 
In deciding whether the Defendant was
justified in the use of force not likely to cause death

202