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STATE v. BROCK

No. S-93-161.

512 N.W.2d 389 (1994)

245 Neb. 315

STATE of Nebraska, Appellee, v. Dyane M. BROCK, Appellant.

Supreme Court of Nebraska.

March 4, 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 Marilyn B. Hutchinson, Lincoln, for appellee.

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

GRANT, Justice, Retired.

Defendant, Dyane M. Brock, was charged with assault in the first degree and with the use of a firearm in the commission of a felony. After the evidence in defendant's jury trial was completed, the court instructed the jury as to the crime of assault in the first degree and the crime of use of a firearm in the commission of a felony. In an instruction conference, defendant's counsel stated she did not request an instruction on assault in the...

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