State v. Canby

Elaine F. Canby appeals from her conviction, pursuant to a jury verdict, of third degree assault. We affirm.

Canby’s two assignments of error present the single issue of whether the trial court erred in not instructing the jury on self-defense.

In the late evening of August 5, 1982, Canby and her uncle, Donald Grant, and other family members were in the backyard of a Lincoln residence inhabited by Canby and her parents. Canby, Grant, and other family members had been drinking vari ous alcoholic beverages since at least midafternoon and were highly intoxicated. Several members of the family…