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STATE v. LOWE

No. S-94-885.

533 N.W.2d 99 (1995)

248 Neb. 215

STATE of Nebraska, Appellee, v. Dennis D. LOWE, Appellant.

Supreme Court of Nebraska.

June 9, 1995.

Attorney(s) appearing for the Case

James Martin Davis, Omaha, for appellant.

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

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and RONIN, District Judge, Retired.

PER CURIAM.

Dennis D. Lowe appeals the denial of his motion for postconviction relief by the district court for Douglas County. Lowe was found guilty of second degree murder on June 20, 1992, and is presently serving a life sentence. Lowe was convicted and sentenced as a result of an information and jury instructions which failed to include "malice" as an element of second degree murder. Malice is an essential element of second degree murder. The district court erred...

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