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STATE v. FITZGERALD

No. A-91-523.

493 N.W.2d 357 (1992)

STATE of Nebraska, Appellee, v. Anthony D. FITZGERALD, Appellant.

Court of Appeals of Nebraska.

October 27, 1992.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Shannon P. O'Connor, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Donald A. Kohtz, Lincoln, for appellee.

SIEVERS, C.J., and CONNOLLY and MILLER-LERMAN, JJ.

MILLER-LERMAN, Judge.

Appellant, Anthony D. Fitzgerald, was convicted by a jury of intentional child abuse and sentenced to serve a term of 20 months to 5 years with credit for time served. The incident giving rise to the conviction involved the burning by scalding water of the 2-year-old victim, John Parker. Appellant claims that it was error for the trial court to refuse to give his requested jury instruction containing the theory of his defense, admitting to the...

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