(DOWNLOAD) "State Utah v. Harry Maestas" by Court of Appeals of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Harry Maestas
- Author : Court of Appeals of Utah
- Release Date : January 31, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The incident involved arose in the maximum security facility of the Utah State Prison. The assault itself is not generally in dispute but the events leading up to the same are substantially in dispute. The victim, Michael William Hart, maintained at trial that he was struck several times in the fact by defendants firsts and that the assault was in response to his request for payment of money owed him by defendant. Defendant maintained that he was "jumpy" because he believed someone was trying to harm him, he being concerned for his personal safety by reason of a prior incident that occurred in the kitchen, and by reason of the fact he had been stabbed before in prison. He further maintained while watching television with an earphone in one ear he heard a fellow prisoner call, "Watch Out!" as he was simultaneously struck on the shoulder with some commissary slips. He then whirled and struck the victim, Hart, instinctively, in self-defense. He makes no effort to refute the evidence of the medical expert that the victim was struck a number of times as evidenced by the abrasions, bruises and lacerations observed on the victim as well as defendants swollen hands.