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STATE v. SCHUMACHER

No. 38451.

201 N.W.2d 249 (1972)

189 Neb. 138

STATE of Nebraska, Appellee, v. Dale L. SCHUMACHER, Appellant.

Supreme Court of Nebraska.

October 13, 1972.

Attorney(s) appearing for the Case

James Hansen, Public Defender, C. F. Fitzke, Asst. Public Defender, Gering, for appellant.

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

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

NEWTON, Justice.

Defendant was convicted of burglary. He assigns as error the omission of the word "willful" from the information; failure to instruct on his theory of the case; and prejudicial argument by the prosecuting attorney. The judgment of the district court is affirmed.

The information charged that defendant acted "unlawfully and feloniously, maliciously and forcibly." To act with malice means to act maliciously...

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