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STATE v. THOMPSON

No. 41205.

255 N.W.2d 880 (1977)

199 Neb. 67

STATE of Nebraska, Appellee, v. Mark W. THOMPSON, Appellant.

Supreme Court of Nebraska.

July 13, 1977.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, George R. Sornberger, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Mel K. Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendant was charged with first degree murder in the death of Thomas E. Smith, Jr. After the case had been set for trial the State obtained leave to file an amended information charging second degree murder to which the defendant pleaded guilty. After an evidentiary hearing under section 29-2027, R.R.S.1943, to determine the degree of the crime, the trial court found the defendant guilty of second degree murder and accepted the plea of guilt...

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