STATE v. BARFOOT

No. S-94-1096.

534 N.W.2d 572 (1995)

248 Neb. 335

STATE of Nebraska, Appellee, v. Bryan E. BARFOOT, Appellant.

Supreme Court of Nebraska.

June 30, 1995.


Attorney(s) appearing for the Case

Bryan E. Barfoot, pro se.

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

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.


PER CURIAM.

Bryan E. Barfoot appeals from the Dawson County District Court's judgment overruling his motion for postconviction relief from an accepted plea of nolo contendere to a charge of second degree murder. We reverse the district court's order and remand the cause with directions to grant Barfoot a new trial because the information charging Barfoot with second degree murder did not include malice as an element of the crime.

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