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STATE v. LYLE

No. S-93-414.

513 N.W.2d 293 (1994)

245 Neb. 354

STATE of Nebraska, Appellee, v. Arthur LYLE, Appellant.

Supreme Court of Nebraska.

March 11, 1994.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender and Kelly S. Breen, Omaha, for appellant.

Don Stenberg, Atty. Gen. and Mark D. Starr, Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, and FAHRNBRUCH, JJ., and GRANT, J., Retired.

CAPORALE, Justice.

I. STATEMENT OF CASE

Following a bench trial, the court below convicted the defendant-appellant, Arthur Lyle, of, among other things, murder in the first degree, a violation of Neb.Rev.Stat. § 28-303 (Reissue 1989). Lyle assigns that conviction as error, claiming, in essence, that it is inconsistent with the trial judge's implicit finding, and the presence of evidence showing, that the killing was committed in the heat of passion...

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