Gibbins v. Berlin

OPINION

BOB McCOY, Justice.

I. Introduction

This is an appeal by Samuel Richard Gibbins (“Gibbins”), individually and d/b/a Delanya’s Smoke Pit, from a judgment in favor of Gregory S. Berlin (“Berlin”) and Robert M. Merz (“Merz”), individually and d/b/a Fair Game Vending, following a jury trial, wherein Gibbins asserts error by the trial court in two points: (1) inclusion in the charge of the court of an improper instruction on self-defense or alternatively, the refusal by the trial court to include a question on the issue of self-defense, and (2) the absence of legally and factually sufficient…