State Idaho v. James Mason Book Reviews

State Idaho v. James Mason by Court of Appeals of Idaho No. 15999 Book Summary

James Mason was found guilty by a jury and convicted for aggravated assault. On appeal, Mason contends (1) he was denied a timely preliminary hearing as required by I.C.R. 5.1; (2) he was denied his right to a speedy trial; (3) evidence obtained pursuant to a search warrant should have been suppressed because the return of the warrant was not verified by the executing officer; and (4) the district court committed prejudicial error by refusing to instruct the jury on lesser included offenses and on the theory of self-defense. We hold the trial court erred in refusing to give an instruction requested by Mason concerning the misdemeanor crime of exhibiting a deadly weapon. We reverse the judgment of conviction and remand the case for a new trial. The record reveals the following facts. Mason and Patricia Stapleton had verbal confrontations in a bar and its parking lot during the early morning hours of February 14, 1984. After the confrontation inside the bar, Mason was asked by the bartender to leave. Mason left the bar and went to his automobile. Stapleton and a companion also left the bar and again confronted Mason. The argument began anew; and Mason asked Stapleton to leave him alone. The argument continued until Mason turned and walked toward the rear of his car at which time Stapleton and her companion went in the opposite direction toward their vehicle. Mason obtained a revolver from the trunk of his car and walked a short distance in Stapleton's direction. He then allegedly pointed the revolver at Stapleton and said I'm going to blow your guts out. Mason acknowledged at trial that he removed the revolver from the car and walked in Stapleton's direction, but he denied making the threatening statement or pointing the gun at her. He testified that he held the gun at his side at all times with the barrel pointed directly at the ground. He then returned to his car and placed the revolver in the trunk. A passing policeman was hailed by witnesses at the scene. Mason was arrested and charged with aggravated assault, a felony. He was arraigned the following day before a magistrate.

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