A-19-0517, State of Nebraska v. Leroy Smith (Appellant)
District Court for Lancaster County, District Judge Susan Strong
Attorney for Appellant: Mark Erron Rappl (Naylor Rappl Law Firm)
Attorney for Appellee: Matthew Lewis (Attorney General’s Office)
Criminal Action: Second degree assault
Action taken by the Trial Court: Smith was charged with one count of strangulation, one count of second degree assault, and one count of use of a deadly weapon to commit a felony. Following a jury trial, the jury found Smith not guilty of strangulation and the use of a weapon charge and guilty of second degree assault. The trial court sentenced Smith to a 10 to 14 years’ incarceration.
Assignment of Error on Appeal: Did the trial court err in denying Smith’s request to have the jury instructed as to self-defense?