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P. v. Whaley CA2/7
An argument between Early Kent Whaley and his live-in girlfriend, Robin Smith, turned violent and ended with Whaley biting off a portion of Smith’s lower lip. Whaley was convicted of mayhem as a lesser included offense of the charged crime of aggravated mayhem. On appeal Whaley contends the trial court committed prejudicial error by failing to instruct the jury that he was not guilty of mayhem if he had acted in self-defense. We reverse and remand for a new trial.

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