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STATE v. DIXON

No. 85-486.

387 N.W.2d 682 (1986)

222 Neb. 787

STATE of Nebraska, Appellee, v. Derek W. DIXON, Appellant.

Supreme Court of Nebraska.

May 23, 1986.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Stanley A. Krieger, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Derek W. Dixon appeals his first degree murder conviction by a jury in the district court for Douglas County. The information charged that Dixon "during the perpetration of, or attempt to perpetrate a burglary [did] kill Susan K. Jourdan." Neb. Rev.Stat. § 28-303 (Reissue 1979) provides: "A person commits murder in the first degree if he kills another person ... (2) in the perpetration of or attempt to perpetrate any sexual assault in the first...

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