concurring in part, and in part dissenting.
Although I agree with the majority’s conclusion to grant Woods a new trial, I respectfully disagree with its reasoning as to the jury instruction regarding the defendant’s, use of alcohol or drugs.
In my opinion, the trial court properly instructed the jury to consider evidence of alcohol or drug use in deciding whether the defendant had the required intent. Because manslaughter is an unintentional act, intent, in this case, goes only to the issue *149of justification. See State v. Jones, 245 Neb. 821, 515 N.W.2d 654 (1994).
Woods raised the affirmative defense of justification, claiming that she believed the force she used against the victim was necessary to protect herself against death or serious bodily harm compelled by the victim’s assault. A defendant’s intentional infliction of physical harm upon another is said to be justified when the defendant acts in self-defense. See 1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 5.7(i) (1986). The question of whether a defendant has a reasonable and good faith belief in the necessity to use force is a question of fact to be determined by a jury and is not to be determined solely by the defendant’s own subjective belief in the necessity to use force. State v. Myers, 244 Neb. 905, 510 N.W.2d 58 (1994). Therefore, to consider Woods’ claim of self-defense, it is essential that the jury consider whether Woods had the capacity to reasonably believe she was in danger and intentionally respond to that reasonable belief.
The record reflects alcohol or drug use by Woods on the night of the victim’s death. Woods admitted in her testimony that she consumed approximately one drink per hour that night, and when asked if she was impaired in any way, she responded: “Yeah, I was high.” Denise Coleman testified that Woods sounded drunk when she called and asked Coleman to come to her apartment with beer. The arresting officer testified that Woods appeared under the influence of drugs and that Woods told the arresting officer that she, the victim, and a man “had been partying for quite some period of time,” which included smoking crack cocaine.
The jury needed to consider whether Woods was under the influence of alcohol or drugs or both to such a degree that she could not have the requisite protective intent to act in self-defense. The majority opinion emphasizes that Woods did not request the intoxication instruction. However, it is the duty of the trial court to instruct the jury on the law of the case whether requested to do so or not. State v. Lamb, 213 Neb. 498, 330 N.W.2d 462 (1983). Therefore, the trial court did not err in instructing the jury to consider evidence of alcohol or drug use.