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STATE v. AL-ZUBAIDY

No. S-98-901.

602 N.W.2d 8 (1999)

257 Neb. 935

STATE of Nebraska, appellee, v. Kamil H. AL-ZUBAIDY, appellant.

Supreme Court of Nebraska.

October 22, 1999.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Michael D. Gooch, Lincoln, for appellant.

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

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

GERRARD, J.

PROCEDURAL BACKGROUND

In November 1995, pursuant to a jury verdict, Kamil H. Al-Zubaidy was convicted of attempted first degree murder (count I), second degree assault (count III), and two counts of use of a weapon in the commission of those felonies (counts II and IV). Al-Zubaidy appealed his convictions to the Nebraska Court of Appeals, claiming that the district court erred in not instructing the jury that the offense of attempted murder in...

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