STATE v. RANDOLPH

No. 36925.

162 N.W.2d 123 (1968)

183 Neb. 506

STATE of Nebraska, Appellee, v. Mary lone RANDOLPH, Appellant.

Supreme Court of Nebraska.

October 25, 1968.


Attorney(s) appearing for the Case

John J. Respeliers, Omaha, Edmund McGinn, Council Bluffs, Iowa, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and KOKJER and ACH, District Judges.


SMITH, Justice.

Upon conviction for second degree murder defendant was sentenced to 10 years' imprisonment. For error on appeal she assigns a jury instruction and the district court's refusal to place her on probation.

Jury instruction No. 9 on criminal intent concluded as follows: "If the State has failed to establish * * * that the defendant's conduct was purposeful rather than accidental, your verdict will be `not guilty.'" Defendant contends that the court...

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