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Home / Courts / Criminal Practice – ABWIK – Jury Instructions – Malice – Deadly Weapon (access required)

Criminal Practice – ABWIK – Jury Instructions – Malice – Deadly Weapon (access required)

State v. Price Where there was no evidence of self-defense or anything else which could excuse or justify assault and battery with intent to kill, the trial court did not err when it instructed the jury that it could infer malice from defendant’s use of a deadly weapon. We find no error in defendant’s conviction of assault and battery with intent to kill (ABWIK).

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