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STATE v. McHENRY

No. S-95-782.

550 N.W.2d 364 (1996)

250 Neb. 614

STATE of Nebraska, Appellee, v. Darrin McHENRY, Appellant.

Supreme Court of Nebraska.

July 12, 1996.

Attorney(s) appearing for the Case

Richard A. Birch, of Nielsen & Birch, North Platte, and Patrick B. Hays, Ogallala, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

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

WRIGHT, Justice.

Darrin McHenry appeals his convictions of aiding and abetting first degree murder and aiding and abetting attempted robbery. We affirm in part, and in part vacate.

SCOPE OF REVIEW

In an appeal based on the claim of an erroneous instruction, the appellant has the burden to show that the questioned instruction was prejudicial or otherwise adversely affected a substantial right of the appellant. State v. Ryan,

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