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CULVERSON v. STATE

No. 19866.

797 P.2d 238 (1990)

Samuel CULVERSON, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

August 21, 1990.

Attorney(s) appearing for the Case

Morgan D. Harris, Public Defender and Robert L. Miller, Deputy Public Defender, Clark County, Las Vegas, for appellant.

Brian McKay, Atty. Gen., Carson City, Rex A. Bell, Dist. Atty. and James Tufteland, Chief Deputy Dist. Atty., Clark County, Las Vegas, for respondent.

OPINION

YOUNG, Chief Justice:

Samuel Culverson was convicted by a jury of first degree murder and sentenced to two terms of life imprisonment without possibility of parole for killing Michael Smith. We hold that the district court erred in instructing the jury that a defendant may not use self-defense to justify a homicide unless he is in actual danger of being killed or seriously injured by his assailant; and that the district court also erred in instructing...

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