State v. Graham

Contending that the Otoe County Court erred in refusing to instruct the jury on justification for use of force in self-protection, Gary E. Graham appeals his conviction for third degree assault in violation of Neb. Rev. Stat. § 28-310 (Reissue 1989). We reverse and remand the cause for a new trial.

During the afternoon and continuing into the evening of July 3, 1988, the victim, James R. Barker, had been consuming drinks containing alcohol in several bars in Nebraska City. There was testimony that Barker was intoxicated and belligerent on the night in question.

At approximately 10 p.m., Barker…