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STATE v. RANDALL

No. S-94-1192.

545 N.W.2d 94 (1996)

249 Neb. 718

STATE of Nebraska, Appellee, v. Kevin Dean RANDALL, Appellant.

Supreme Court of Nebraska.

March 29, 1996.

Attorney(s) appearing for the Case

Thomas J. Klein, Deputy Saunders County Public Defender, for appellant.

Don Stenberg, Attorney General, J. Kirk Brown, and, on brief, Delores Coe-Barbee, Lincoln, for appellee.

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

PER CURIAM.

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

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