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STATE v. SIMS

No. 40419.

246 N.W.2d 645 (1976)

197 Neb. 1

STATE of Nebraska, Appellee, v. Ernest L. SIMS, Appellant.

Supreme Court of Nebraska.

November 10, 1976.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Gary B. Schneider, Asst. Atty. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendant was convicted of first degree murder and sentenced to life imprisonment. He has appealed and contends his conviction should be reversed for error in an evidentiary ruling.

Raymond Martzett was shot to death in Omaha, Nebraska, on May 15, 1975. The defendant admits that he killed Martzett but claims that Martzett was shot in self-defense.

The offense occurred shortly after 8 p.m. Prior to the shooting, Martzett had been...

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