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STATE v. BARFIELD

No. S-05-973.

723 N.W.2d 303 (2006)

272 Neb. 502

STATE of Nebraska, appellee, v. Terry A. BARFIELD, appellant.

Supreme Court of Nebraska.

November 3, 2006.

Attorney(s) appearing for the Case

Glenn A. Shapiro, Omaha, and Jill A. Daley, of Gallup & Schaefer, for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

McCORMACK, J.

I. NATURE OF CASE

On September 6, 2003, Terrill Williams, the victim, died of a single gunshot wound. He was shot at a location referred to by witnesses as "the projects" in Douglas County, Nebraska, by Clinton Lamar Barfield (Clinton). The defendant, Terry A. Barfield, Clinton's uncle, was charged with felony murder as an aider and abettor of the attempted robbery of the victim. He was also charged with use of a deadly

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