Man claims ‘emotional distress’ during battle-axe stabbing
by Brady McCombs, Associated Press
February 14, 2013 12:30 PM | 749 views | 0 0 comments | 4 4 recommendations | email to a friend | print
SALT LAKE CITY (AP) — A court hearing is under way for a 22-year-old man who says his conviction for stabbing a boy should be overturned because he was under extreme emotional distress.

Cody Jesse Augustine is making the claim that the act of stabbing 17-year-old Justin Ennis in July 2008 triggered an adrenaline rush and fears that a friend who joined the assault using a medieval battle-axe could be hurt.

Augustine is serving three years in prison for attempted murder. His friend Scott Tyler Stapley was earlier convicted of the same charge for wielding a four-bladed warrior ax affixed with a spiky ball on the boy.

The Utah Attorney General’s Office is asking the Utah Court of Appeals to reject the claims.

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