P. v. Shaw
Defendant, a former NFL football player, got into a verbal altercation with some teenagers outside an ice cream store in Carlsbad. Defendant struck one of the boys on the side of the head causing a perforated eardrum. Defendant was charged with battery with serious bodily injury.
Following a jury trial, defendant was convicted of the lesser included offense of battery. Shaw was granted summary probation. Defendant appeals contending the trial court erred in refusing to instruct on self-defense. Court found no error and affirmed.
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