STATE v. WILLIAMS

No. S-91-837.

503 N.W.2d 561 (1993)

243 Neb. 959

STATE of Nebraska, Appellee, v. Clarence J. WILLIAMS, Appellant.

Supreme Court of Nebraska.

August 6, 1993.


Attorney(s) appearing for the Case

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

Don Stenberg, Atty. Gen., and Delores Coe-Barbee, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.


CAPORALE, Justice.

Pursuant to verdict, the district court adjudged the defendant-appellant, Clarence J. Williams, guilty of first degree assault, in violation of Neb.Rev.Stat. § 28-308(1) (Reissue 1989). The Nebraska Court of Appeals reversed the conviction and remanded the cause for a new trial because of the district court's refusal of Williams' request that the jury be instructed on the elements of third degree assault, which he claims to be a lesser offense...

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