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STATE v. McDANIEL

No. A-02-1436.

667 N.W.2d 259 (2003)

12 Neb. App. 76

STATE of Nebraska, Appellee, v. Renae N. McDANIEL, Appellant.

Court of Appeals of Nebraska.

August 5, 2003.

Attorney(s) appearing for the Case

James R. Mowbray and Nancy K. Peterson, of Nebraska Commission on Public Advocacy, Lincoln, for appellant.

Jon Bruning, Attorney General, and Kevin J. Slimp for appellee.

IRWIN, Chief Judge, and SIEVERS and CARLSON, Judges.

SIEVERS, Judge.

After 1-year-old Johnathan W. sustained severe skull fractures, his mother, Renae N. McDaniel, was charged with child abuse under Neb.Rev.Stat. § 28-707(1)(a) (Cum.Supp.2002). Renae was found guilty by a jury of knowingly and intentionally causing or permitting Johnathan to be placed in a situation dangerous to his health. Renae appeals on several grounds, including that she was entitled to an instruction on the lesser-included offense of negligent...

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