STATE v. FULLER

No. 42125.

278 N.W.2d 756 (1979)

203 Neb. 233

STATE of Nebraska, Appellee, v. Duane FULLER, Appellant.

Supreme Court of Nebraska.

Rehearing Denied July 31, 1979.


Attorney(s) appearing for the Case

Richard L. Schmeling, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Judy K. Hoffman, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

The defendant appeals from a sentence to life imprisonment for first degree murder. The assignments of error relate to the sufficiency of the evidence to support the conviction; the overruling of the defendant's motion to suppress; and the trial court's instructions to the jury.

The defendant was charged with killing Marvin Gerheardt on September 3, 1977. On the date in question the defendant and Gerheardt were prisoners in the penal complex...

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