STATE v. BUTLER

No. A-00-881.

634 N.W.2d 46 (2001)

10 Neb. App. 537

STATE of Nebraska, Appellee, v. Eugene T. BUTLER, Appellant.

Court of Appeals of Nebraska.

September 11, 2001.


Attorney(s) appearing for the Case

James H. Monahan and Maureen K. Monahan, Omaha, of Monahan & Monahan, for appellant.

Don Stenberg, Attorney General, and Scott G. Gunem, for appellee.

IRWIN, Chief Judge, and SIEVERS and CARLSON, Judges.


SIEVERS, Judge.

Eugene T. Butler appeals his conviction for second degree assault. Butler was accused of stabbing Ronald McCart in the shoulder with a steak knife during a fistfight McCart initiated after Butler accosted McCart's wife, Angie, at a party. Because the trial court erred in its jury instruction concerning self-defense and provocation, we reverse, and remand for a new trial.

FACTUAL BACKGROUND

An annual party called the Blues Festival...

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