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STATE v. STEWART

No. 40329.

250 N.W.2d 849 (1977)

197 Neb. 497

STATE of Nebraska, Appellee, v. Rodney L. STEWART, Appellant.

Supreme Court of Nebraska.

February 2, 1977.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Stanley A. Krieger, Asst. Public Defender, Omaha, David E. Kendall, Peggy C. Davis, New York City, Anthony G. Amsterdam, Stanford, Cal., for appellant.

Paul L. Douglas, Atty. Gen., Paul W. Snyder, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

BRODKEY, Justice.

This is an appeal from the verdict of a jury, finding the defendant guilty of both first-degree murder and of shooting with intent to kill, wound, or maim; and also from the sentences imposed.

On January 30, 1975, the defendant was charged under a Grand Jury indictment which alleged in count I that he "did purposely and of his own deliberate and premeditated malice kill Thomas Ehlers," and in count II that he "did maliciously shoot Daniel...

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