STATE v. McBRIDE

No. A-10-1200.

804 N.W.2d 813 (2011)

19 Neb. App. 277

STATE of Nebraska, appellee, v. Howard L. McBRIDE, appellant.

Court of Appeals of Nebraska.

October 25, 2011.


Attorney(s) appearing for the Case

DeAnn C. Stover , Lincoln for appellant.

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

IRWIN, CASSEL, and PIRTLE, Judges.


IRWIN, Judge.

I. INTRODUCTION

Howard L. McBride appeals his conviction of second degree assault. On appeal, McBride challenges the failure of the district court for Lancaster County to give a lesser-included offense instruction, the effectiveness of his counsel for failing to request such an instruction, the district court's failure to declare a mistrial after a witness volunteered a statement about prior assaultive behavior, the sufficiency of the evidence...

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