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STATE v. REYNOLDS

No. 88-816.

457 N.W.2d 405 (1990)

235 Neb. 662

STATE of Nebraska, Appellant and Cross-Appellee, v. Terry REYNOLDS, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

June 29, 1990.

Attorney(s) appearing for the Case

Michael G. Heavican, Lancaster County Atty., Thomas S. Jaudzemis, Lincoln, Robert M. Spire, Atty. Gen., and Sharon M. Lindgren, for appellant and cross-appellee.

Dennis R. Keefe, Lancaster County Public Defender, and Michael D. Gooch, Omaha, for appellee and cross-appellant.

HASTINGS, C.J., WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and RONIN and COLWELL, District Judges, Retired.

SHANAHAN, Justice.

A jury in the district court for Lancaster County found Terry Reynolds guilty of murder in the first degree and using a firearm to commit a felony. Neb.Rev.Stat. § 28-303(1) (Reissue 1989) states that a person commits murder in the first degree if he or she kills another person "purposely and with deliberate and premeditated malice...." Neb.Rev.Stat. § 28-1205(1) (Reissue 1989) provides that any person who uses a firearm to commit any...

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