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STATE v. McKAY

No. A-05-558.

723 N.W.2d 644 (2006)

15 Neb. App. 169

STATE of Nebraska, appellee, v. Rashad A. McKAY, appellant.

Court of Appeals of Nebraska.

March 28, 2006.

Attorney(s) appearing for the Case

W. Patrick Dunn, Columbus, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

INBODY, Chief Judge, and IRWIN and CASSEL, Judges.

IRWIN, Judge.

I. INTRODUCTION

Rashad A. McKay appeals his conviction on a charge of assault by a confined person. On appeal, McKay challenges the district court's allowing the State to reopen its case after resting and the court's refusal to give the jury a lesser-included offense instruction on third degree assault. We find no abuse of discretion by the court in allowing the State to reopen its case, and we conclude that a lesser-included offense instruction...

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