(dissenting in part)
I concur in the majority opinion in all respects other than the direction for a new trial.
The significant testimony in the case was that of the defendant and the prosecuting witness. The appellant’s version, if believed, clearly supported the plea of self-defense; the victim’s testimony, if believed, clearly showed that the act was not in self-defense. Actually, the legal issue discussed in the majority opinion could have had little or no bearing upon the jury’s determination. Under the victim’s version of the facts, there was no justification whatever; under the defendant’s version, the act was fully justified. This issue of which witness was to be believed was resolved by the jury against the defendant.
Accordingly, I cannot agree that the verdict should be set aside.