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STATE v. BARKER

No. 87-095.

420 N.W.2d 695 (1988)

227 Neb. 842

STATE of Nebraska, Appellee, v. Arthur H. BARKER, Appellant.

Supreme Court of Nebraska.

March 18, 1988.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and LeRoy W. Sievers, Lincoln, for appellee.

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

SHANAHAN, Justice.

Although the information charged Arthur H. Barker with murder in the second degree, see Neb.Rev.Stat. § 28-304 (Reissue 1985), the jury found Barker guilty of the lesser-included offense of manslaughter, see Neb.Rev.Stat. § 28-305 (Reissue 1985), concerning the death of Patricia A. Pappas. As his sole assignment of error, Barker contends that the sentencing judge should have recused himself, as requested by Barker, on account of the judge...

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