Macie C. Harvey v. State Indiana

June 30, 1995 GARRARD, Judge After a jury trial Macie Harvey was convicted of murder. His appeal challenges one of the final instructions given by the court concerning his defense of self defense. The court gave twenty-three final instructions, eight of which related to Harvey's claim of self defense. The one challenged [Final instruction #14] stated, A person who is not in his home or fixed place of business and is carrying a handgun without a license cannot by law claim the protection of the law of self defense. Evidence at trial disclosed that Harvey admitted to police that he did not have a license to carry the handgun used to commit the homicide. He argues that the instruction therefore conclusively denied him his only defense to the charge.