State v. Daugherty

The appellant claims that the jury, which found her guilty of assault in the third degree, was improperly instructed. Error is assigned in the giving of an instruction upon the defense of self-defense, and the refusal to give another instruction pro*502posed by the appellant on the same subject. A careful reading of the record shows that the following is the only testimony referring to self-defense:

“He said, ‘Damn you, you can’t bluff old Morgan Hunt’ [the prosecuting witness]. He started off and I gave him a jab with my gun in the back. He turned and then I guess he struck his head. . . . Mr.…