STATE v. GRAHAM

No. 89-217.

450 N.W.2d 673 (1990)

234 Neb. 275

STATE of Nebraska, Appellee, v. Gary E. GRAHAM, Appellant.

Supreme Court of Nebraska.

January 26, 1990.


Attorney(s) appearing for the Case

Peter K. Blakeslee, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Delores Coe-Barbee, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, J J.


FAHRNBRUCH, Justice.

Contending that the Otoe County Court erred in refusing to instruct the jury on justification for use of force in self-protection, Gary E. Graham appeals his conviction for third degree assault in violation of Neb.Rev.Stat. § 28-310 (Reissue 1989). We reverse and remand the cause for a new trial.

During the afternoon and continuing into the evening of July 3, 1988, the victim, James R. Barker, had been consuming drinks containing...

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