Harris v. Hodges

HEDRICK, Judge.

Plaintiffs sole assignment of error is “the submission of issue number 2 to the jury which issue reads as follows: ‘Did the defendant act justifiably in self defense?’ ” Plaintiff argues that the evidence was insufficient to,support the issue of self-defense.

[E]vidence is sufficient to go to the jury on an issue when the evidence is sufficient to permit, but not compel, a favorable verdict. . . . “[T]he jury may disbelieve the evidence presented, or believe the evidence but decline to draw the inferences necessary to a finding of the ultimate fact, or believe the evidence and…