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STATE v. SAMUELS

No. 42708.

289 N.W.2d 183 (1980)

205 Neb. 585

STATE of Nebraska, Appellee, v. Winfred SAMUELS, Appellant.

Supreme Court of Nebraska.

February 20, 1980.

Attorney(s) appearing for the Case

James M. Davis of Dolan, Dinsmore & Davis, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Lynne Rae Fritz, Asst. Atty. Gen., Lincoln, for appellee.

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

HASTINGS, Justice.

Defendant was charged with the first degree murder of Ronald Cunningham, whose death occurred on October 16, 1978. Upon being tried to a jury, he was found guilty of the lesser-included charge of second degree murder and was sentenced to 13 years in the Nebraska Penal and Correctional Complex. The errors assigned by defendant on appeal included the refusal to give defendant's proposed instructions as...

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