State v. Schroeder

The defendant, Mark Schroeder, appeals from a sentence to imprisonment for 2 to 3 years for assault with intent to inflict great bodily injury. The defendant has assigned as error the trial court’s refusal to instruct on the defense of justification, or choice of evils, as provided in section 28-834, R. R. S. 1943.

The assault took place in a cell at the Reformatory Unit near Lincoln, Nebraska. The defendant was confined in the cell with three other prisoners, one of whom was Gary Riggs, the victim.

The defendant was 19 years of age at the time of the offense. Riggs was 24 years of age. Riggs…