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STATE v. ROTH

No. 85-459.

382 N.W.2d 348 (1986)

222 Neb. 119

STATE of Nebraska, Appellee, v. David C. ROTH, Appellant.

Supreme Court of Nebraska.

February 28, 1986.

Attorney(s) appearing for the Case

Anthony S. Troia and James E. Riha, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Terry R. Schaaf, Lincoln, for appellee.

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

KRIVOSHA, Chief Justice.

The single issue presented by appellant, David C. Roth, to this court is whether one who has caused the death of another with a motor vehicle must be charged with committing the crime of motor vehicle homicide in violation of Neb.Rev.Stat. § 28-306 (Reissue 1979) or, at the discretion of the prosecution, may be charged with committing the crime of manslaughter in violation of Neb.Rev.Stat. § 28-305 (Reissue 1979). Roth argues that...

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