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STATE v. MARSHALL

No. S-96-1100.

573 N.W.2d 406 (1998)

253 Neb. 676

STATE of Nebraska, Appellee, v. Damian J. MARSHALL, Appellant.

Supreme Court of Nebraska.

January 2, 1998.

Attorney(s) appearing for the Case

James Walter Crampton, Omaha, for appellant.

Don Stenberg, Attorney General, and Jay C. Hinsley, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRAD, STEPHEN, and McCORMACK, JJ.

WHITE, Chief Justice.

Damian J. Marshall was charged with second degree murder, attempted second degree murder, and two counts of using a firearm to commit a felony. He was tried before a jury on June 25, 1996. After the presentation of all evidence in the trial, the district court overruled Marshall's request for a jury instruction on self-defense as to the second degree murder charge. On July 1, 1996, Marshall was convicted on all charges. On October 15, he was...

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