State v. Smith

Case Number(s)
A-19-0517
Court Number
Lancaster
Call Date
Case Time
Case Summary

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?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Moore, Chief Judge, Riedmann, and Welch, Judges