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STATE v. SMITH

No. S-10-442.

822 N.W.2d 401 (2012)

284 Neb. 636

STATE of Nebraska, appellee, v. William E. SMITH, appellant.

Supreme Court of Nebraska.

November 16, 2012.

Attorney(s) appearing for the Case

Peter K. Blakeslee , for appellant.

Jon Bruning , Attorney General, and Stacy M. Foust , Lincoln, for appellee.

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

STEPHAN, J.

William E. Smith was convicted by a jury of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The Nebraska Court of Appeals affirmed the assault and weapon convictions and found that the trial court did not err in failing to give a self-defense instruction.1 But it reversed, and remanded for a new trial on the attempted second degree murder conviction, finding the jury should have...

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