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STATE v. PERINA

No. S-09-1021.

804 N.W.2d 164 (2011)

282 Neb. 463

STATE of Nebraska, appellee, v. Arthur P. PERINA, appellant.

Supreme Court of Nebraska.

October 7, 2011.

Attorney(s) appearing for the Case

Andrew J. Wilson , of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellant.

Jon Bruning , Attorney General, and Nathan A. Liss for appellee.

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

GERRARD, J.

The Nebraska Criminal Code provides that "[a] person who causes the death of another unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide."1 The appellant, Arthur P. Perina, challenges that provision on the ground that it criminalizes negligent acts.

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