After one stops shaking one's head (remember that American society is becoming less, not more, educated)....what follows is the basis of the appeal, and the nut of the argument...Montalvo was acquitted of “possession of a weapon for an unlawful purpose” (Count One, in the discussion below) but convicted of “unlawful possession of a weapon” (Count Two). At trial, the judge included a self-defense instruction as to the unlawful-purpose charge but didn’t give it as to the unlawful-possession charge.
“During deliberations, the jury sent the trial judge a note asking, ‘Second charge, unlawful possession of a weapon, is self[-]defense considered a lawful use?.'”
We're down to this in America? If we're in the home, and we sometimes use a tool for other things...ok?
And if a jury instruction is or isn't proper should decide the merit of the case?