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STATE v. LOVELACE

No. 81-783.

322 N.W.2d 673 (1982)

212 Neb. 356

STATE of Nebraska, Appellee, v. Claude D. LOVELACE, Appellant.

Supreme Court of Nebraska.

July 30, 1982.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Patrick T. O'Brien, Asst. Atty. Gen., Lincoln, for appellee.

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

KRIVOSHA, Chief Justice.

The appellant, Claude D. Lovelace (Lovelace), appeals from a jury verdict finding him guilty of first degree assault. Lovelace maintains, on appeal, that the trial court erred in instructing the jury that first degree assault was a lesser-included offense of attempted murder in the second degree. We agree with Lovelace, and for that reason we reverse the conviction.

Lovelace was tried on...

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