State v. Butler

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 was held at a cabin at Thomas Lakes in Saunders County, Nebraska, on August 7, 1999. The party attracted as many as 100 people at some time during that…