STATE v. MONIZ

No. 86-186.

397 N.W.2d 37 (1986)

224 Neb. 198

STATE of Nebraska, Appellee, v. Joseph P. MONIZ, Appellant.

Supreme Court of Nebraska.

December 5, 1986.


Attorney(s) appearing for the Case

S.J. Albracht, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

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


CAPORALE, Justice.

Following a bench trial, defendant, Joseph P. Moniz, was found guilty of second degree murder in violation of Neb.Rev. Stat. § 28-304 (Reissue 1985) and sentenced to life imprisonment. His three assignments of error raise two issues: (1) whether the killing was justifiable as having been committed in self-defense; and, if not, (2) whether the evidence supports a conviction for second degree murder. We affirm.

Defendant testified that...

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