Legal Opinion

State v. Washington

Nebraska Supreme Court

Decided March 20, 1970No. 37286PublishedCited by 1 opinion

1Opinion of the CourtWhite, C. J.

A manslaughter conviction is sought to be reversed *330because of a failure to- instruct the jury as to the right of the defendant to use force in the defense of another. We reverse the judgment and remand the cause for a new trial.

In a State accepted version of the facts, the defendant’s testimony, supported by the chief prosecution witness, is that in the early morning hours of September 20, 1968, at Twenty-fourth and Lake Streets, Omaha, Nebraska, decedent was running rapidly pursuing a young woman, an acquaintance of defendant. Just before this the decedent, in a camper truck, was observed…

2Cases cited11 opinions

  1. People v. RoeCalifornia Supreme Court · 1922
  2. People v. SprangerIllinois Supreme Court · 1924
  3. Housh v. StateNebraska Supreme Court · 1895
  4. State v. BorwickSupreme Court of Iowa · 1922
  5. State v. ArchboldNebraska Supreme Court · 1965

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3Cited by1 opinion

  1. State v. WashingtonNebraska Supreme Court · 1970

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