STATE v. NASH

No. S-94-251.

524 N.W.2d 351 (1994)

246 Neb. 1030

STATE of Nebraska, Appellee, v. Stanley R. NASH, Appellant.

Supreme Court of Nebraska.

December 2, 1994.


Attorney(s) appearing for the Case

Scott H. Trusdale, of Trusdale & Trusdale, P.C., Cozad, for appellant.

Don Stenberg, Atty. Gen., and Kimberly A. Klein, Lincoln, for appellee.

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


HASTINGS, Chief Justice.

Stanley R. Nash appeals from the judgment of the district court overruling his motion for new trial. A jury found Nash guilty of second degree murder and use of a weapon to commit a felony by its verdict returned on July 22, 1993. Nash alleges as error the failure of the trial court to instruct the jury on the issue of malice as an element of the crime of second degree murder and the failure to sustain Nash's motion for judgment notwithstanding...

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