McCORMACK, J.
NATURE OF CASE
Daniel E. Smith seeks further review of the Nebraska Court of Appeals' decision affirming his convictions for terroristic threats and use of a deadly weapon to commit a felony. The sole issue presented is whether the district court should have instructed the jury upon third degree assault under Neb.Rev.Stat. § 28-310(1)(b) (Reissue 1995) as a lesser-included offense
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