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  5. 577 N.W.2d 741 (1998)
 

STATE v. WHITE

No. S-96-984.

577 N.W.2d 741 (1998)

254 Neb. 566

STATE of Nebraska, Appellee, v. Calvin J. WHITE, Appellant.

Supreme Court of Nebraska.

May 8, 1998.

Attorney(s) appearing for the Case

Robin W. Hadfield, of Nebraska Commission on Public Advocacy, and Vicky L. Johnson, Fillmore County Public Defender, for appellant.

Don Stenberg, Attorney General, and Barry Waid, Lincoln, for appellee.

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

GERRARD, Justice.

This case presents the question of whether, upon retrial after reversal of a second degree murder conviction, the State is barred by the Double Jeopardy Clause from reprosecuting Calvin J. White for the crime of first degree felony murder after White had originally been charged with, and tried for, first degree premeditated murder but convicted by a jury of second degree murder. Because we conclude that White was impliedly acquitted of first degree...

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