STATE v. WEAVER

No. S-03-458.

677 N.W.2d 502 (2004)

267 Neb. 826

STATE of Nebraska, Appellee v. Byron J. WEAVER, Appellant.

Supreme Court of Nebraska.

April 16, 2004.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, Scott P. Helvie, and Shawn Elliott, Kearney, for appellant.

Jon Bruning, Attorney General, and Jeffrey J. Lux, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and IRWIN, Chief Judge.


WRIGHT, J.

NATURE OF CASE

Byron J. Weaver was charged by information with first degree murder. After a trial, the jury returned a verdict finding Weaver guilty of the lesser-included offense of second degree murder. Weaver was sentenced to a term of 60 years to life in prison. We are presented with Weaver's direct appeal of this judgment and sentence.

SCOPE OF REVIEW

Whether jury instructions...

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