STATE v. SMITH

No. 42019.

276 N.W.2d 104 (1979)

202 Neb. 501

STATE of Nebraska, Appellee, v. Hattie SMITH, also known as Hattie Brown, Appellant.

Supreme Court of Nebraska.

March 6, 1979.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen. and Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, Retired Justice, BOSLAUGH, CLINTON, and WHITE, JJ., and BARTU, District Judge.


BARTU, District Judge.

This is an appeal from a conviction and sentence for second degree murder by the appellant-defendant, Hattie Smith, also known as Hattie Brown. An earlier trial resulted in a hung jury and a mistrial. She assigns as error the denial of a new trial upon the ground of newly discovered evidence.

The defendant shot and killed William E. Brown, her husband, in the parking lot of the Easy Drive Through Liquor Store at 24th and Clark Streets...

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