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STATE v. BRUNZO

No. S-94-952.

532 N.W.2d 296 (1995)

248 Neb. 176

STATE of Nebraska, Appellee, v. Gary J. BRUNZO, Appellant.

Supreme Court of Nebraska.

June 2, 1995.

Attorney(s) appearing for the Case

Steven M. Delaney and Patrick J. Boylan, of Hascall, Jungers, Garvey & Delaney, Bellevue, for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

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

CAPORALE, Justice.

I. STATEMENT OF CASE

Pursuant to verdict, the defendant-appellant, Gary J. Brunzo, was adjudged guilty of felony murder, in violation of Neb.Rev.Stat. § 28-303(2) (Reissue 1989), that is, murder in the first degree, for killing while perpetrating or attempting to perpetrate the felonies of robbery or kidnapping. Having thereafter been sentenced to imprisonment for life, Brunzo appealed directly to this court as provided in Neb.Rev...

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