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STATE v. MOORE

No. S-06-1001.

751 N.W.2d 631 (2008)

276 Neb. 1

STATE of Nebraska, appellee, v. Jonathan MOORE, appellant.

Supreme Court of Nebraska.

July 3, 2008.

Attorney(s) appearing for the Case

Joseph L. Howard, of Gallup & Schaefer, Omaha, for appellant.

Jon Bruning, Attorney General, George R. Love, Columbus, and James D. Smith, Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

In State v. Moore,1 the Nebraska Court of Appeals reversed Jonathan Moore's conviction for first degree assault and use of a weapon to commit a felony, and remanded the cause for a new trial. The Court of Appeals held that the jury was misled by the trial court's failure to instruct the jury on the meaning of "recklessly." The court also found that the jury was misled by the giving of an instruction...

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