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§ 939.48(2), Defense of Self – Provocation: Initial Aggressor & Right to Assert Privilege

Root v. Saul, 2006 WI App 106
For Root: Thomas E. Hayes

Issue/Holding: Either slapping or punching someone in the face “is certainly conduct that can provoke others to attack”; and, because Saul indisputably slapped or punched Root in the face the jury could have found Saul the initial aggressor, the jury should have been instructed in accordance with Wis JI—Criminal 815 (embodying § 939.48(2), initial aggressor may not assert self-defense privilege except under enumerated circumstances), ¶28.

This is a civil case, but the court’s discussion makes it appear applicable to criminal cases.


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