If The Jury Instruction is Superfluous, It is not Error to Exclude It.

State of Utah v. Malcolm, 2009 UT App. 399, (Utah Court of Appeals, December 31, 2009).

Defendant was convicted of murder.  Defendant appealed because the trial court refused to give certain jury instructions.  The first instruction instructed as to the use of force when making a citizen’s arrest.  The second, instructed as to the use force when reclaiming property.  Because neither instruction would have supported defendant’s theory of the case, the Court of Appeals affirmed the decision of the trial court.

Full Decision available at http://www.utcourts.gov/opinions/mds/malcolm123109.pdf