State v. Ash

In State v. Ash, 231 Conn. 484, 492, 651 A.2d 247 (1994) the Court held that the trial court improperly instructed the jury as to the subjective aspect of the retreat rule. The trial court in Ash first stated the correct standard, instructing the jury, in accordance with the statutory language, to consider what the defendant knew during the incident. State v. Ash, 231 Conn. at 490. Subsequently, however, the court misstated the standard by instructing the jury to consider the defendant's actions in light of an objective standard. Id. at 490, 495-96.