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STATE v. MYERS

No. S-92-1195.

510 N.W.2d 58 (1994)

244 Neb. 905

STATE of Nebraska, Appellee, v. Darren Lee MYERS, Appellant.

Supreme Court of Nebraska.

January 14, 1994.

Attorney(s) appearing for the Case

Arthur R. Langvardt, for appellant.

Don Stenberg, Atty. Gen., and Donald A. Kohtz, for appellee.

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

FAHRNBRUCH, Justice.

Because it was plain error to omit the element of "malice" from the jury instructions defining second degree murder and to omit from the jury instructions that the kinds of homicides instructed upon were felonies, Darren Lee Myers' convictions of second degree murder and use of a firearm to commit a felony are reversed, and he is granted a new trial.

Myers was charged by information with first degree murder and use of a firearm to commit...

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