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STATE v. HARMS

No. S-00-1157.

643 N.W.2d 359 (2002)

263 Neb. 814

STATE of Nebraska, Appellee, v. Russell W. HARMS, Appellant.

Supreme Court of Nebraska.

May 3, 2002.

Attorney(s) appearing for the Case

James R. Mowbray and Robert W. Kortus, of the Nebraska Commission on Public Advocacy, for appellant.

Don Stenberg, Attorney General, and Marilyn B. Hutchinson, for appellee.

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

HENDRY, C.J.

I. INTRODUCTION Russell W. Harms was convicted of first degree murder and use of a deadly weapon to commit a felony in connection with the December 10, 1999, death of Tennyson Kelsay. Harms was sentenced to life in prison on the murder charge and not less than nor more than 20 years' imprisonment for use of a weapon. Harms appeals.

II. FACTUAL BACKGROUND

At approximately 12:10 p.m. on December 10, 1999, Harms shot 84-year-old Kelsay...

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