STATE v. MALONE

No. A-95-1352.

552 N.W.2d 772 (1996)

4 Neb. App. 904

STATE of Nebraska, Appellee, v. William M. MALONE, Jr., Appellant.

Court of Appeals of Nebraska.

August 6, 1996.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays, Lincoln, for appellant.

Don Stenberg, Attorney General, and James A. Elworth, Lincoln, for appellee.

IRWIN, SIEVERS, and INBODY, JJ.


IRWIN, Judge.

I. INTRODUCTION

William M. Malone, Jr., appeals his conviction for possession of marijuana with intent to distribute. See Neb.Rev.Stat. § 28-416 (Cum.Supp.1994). Malone received a sentence of 18 months' probation and $25 restitution. Malone appeals, alleging error in the jury instructions given by the district court. Because we find that a lesser-included offense instruction should have been given, we reverse, and remand for a new trial...

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