Friday, July 31, 2009

Trial judge's supplemental jury instruction in trial for intentional child abuse resulting in death, Class IB felony § 28-707(6) RRS Neb. (Reissue 2008) that explained prong of instruction on denying care as an alternate finding for guilt was not prejudicial error. Defendant did not make a facial challenge to the punishment under Class IB felony under Neb. Rev. Stat. § 28-707(6) (Reissue 2008) as excessive. State v. Robinson, S-08-433, 278 Neb. 212

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