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Dutton v. State1/8/1999
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Judge Weeks allowed the State to introduce this evidence because he concluded that Dutton's possession of this arsenal was relevant to demonstrate Dutton's state of mind at the time he accosted the victim, Foley, and aimed the .44 magnum handgun at him. This evidence, Judge Weeks ruled, tended to support the State's allegation that Dutton had acted recklessly when he placed Foley in fear of imminent serious physical injury - a culpable mental state that was a necessary element of third-degree assault.
In Lerchenstein v. State , this court upheld the admission of evidence that the defendant had acted in an angry, aggressive, and combative manner during the hour preceding a confrontation that resulted in a series of third-degree assaults and one homicide. We concluded that this evidence was relevant to the issue of whether the defendant had acted reasonably. For the same reason, we conclude that Judge Weeks did not abuse his discretion when he allowed the State to introduce the evidence of Dutton's stockpile of arms and ammunition.
Conclusion
The judgment of the superior court is AFFIRMED.
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