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WASHINGTON v. STATE

No. 34175.

85 N.W.2d 509 (1957)

165 Neb. 275

Willie WASHINGTON, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

October 18, 1957.

Attorney(s) appearing for the Case

Joseph M. Lovely, Adolph Q. Wolf, Thomas J. Walsh, Omaha, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Cecil S. Brubaker, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

Defendant was charged with the crime of first degree murder. He was found guilty. The jury fixed the penalty at imprisonment for life. Defendant brings the case here on one assignment of error, to wit: "That the trial court committed reversible error in instructing the jury that they might consider the evidence introduced as to the `defendant's level or degree of intelligence' solely in connection with their determination of the penalty to...

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