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STATE v. DOYLE

No. 42677.

287 N.W.2d 59 (1980)

205 Neb. 234

STATE of Nebraska, Appellee, v. Lena J. DOYLE, Appellant.

Supreme Court of Nebraska.

January 3, 1980.

Attorney(s) appearing for the Case

Stanley C. Goodwin and Colfer, Lyons, Wood, Malcom & Goodwin, McCook, for appellant.

Paul L. Douglas, Atty. Gen., and Ruth Anne E. Galter, Lincoln, for appellee.

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

KRIVOSHA, Chief Justice.

The defendant, Lena J. Doyle, was charged in a two-count information with second degree murder in violation of section 28-402, R.R.S.1943 (count I), and feloniously throwing away a dead human body in violation of section 28-1033, R.R.S.1943 (count II). At the close of all the evidence, the State having rested, and the defendant having elected to put on no evidence, the court found that the State had failed as a matter of law to prove second...

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