STATE v. PENCE

No. 86-1006.

416 N.W.2d 581 (1987)

227 Neb. 201

STATE of Nebraska, Appellee, v. Darrell D. PENCE, Appellant.

Supreme Court of Nebraska.

December 18, 1987.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Joseph D. Nigro, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Elaine A. Catlin, Minden, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge Retired.


WHITE, Justice.

The defendant, Darrell D. Pence, was found guilty of burglary after a trial by jury. The defendant did not deny his involvement in the burglary at trial, but claimed that he lacked the requisite intent to commit the crime. The defendant injected cocaine into his body prior to the crime. His defense at trial was that the cocaine affected his memory and that he had not planned to commit, nor did he remember committing, the crime. The jury was instructed...

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