State v. Kinser

Appellant, William D. Kinser, Jr., was convicted by a jury of first degree assault, second degree assault, and use of a weapon in the commission of a felony. In an unpublished memorandum opinion, the Nebraska Court of Appeals reversed the judgment and remanded the cause for a new trial because of the trial court’s refusal to instruct the jury as to self-defense. See State v. Kinser, 4 Neb. App. xxi (case No. A-95-922, June 5, 1996). It is from this decision that the State has successfully sought further review in this court. For the reasons that follow, we affirm the judgment of the Court of…