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STATE v. JACOB

No. S-98-381.

591 N.W.2d 541 (1999)

256 Neb. 492

STATE of Nebraska, appellant and cross-appellee, v. David Harold JACOB, appellee and cross-appellant.

Supreme Court of Nebraska.

March 19, 1999.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and J. Kirk Brown, Lincoln, for appellant.

David H. Jacob, pro se.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

In 1986, the appellee, David Harold Jacob, pled guilty to three counts of second degree murder and two counts of use of a weapon to commit a felony. However, the information with which Jacob had been charged did not include the element of malice in the three counts of second degree murder.

Jacob brought a postconviction action challenging his murder convictions, based on the State's failure to allege malice; the constitutionality of Neb.Rev.Stat...

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