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STATE v. JOSEPH

No. A-91-1193.

499 N.W.2d 858 (1993)

STATE of Nebraska, Appellee, v. John W. JOSEPH, Jr., Appellant.

Court of Appeals of Nebraska.

February 23, 1993.

Attorney(s) appearing for the Case

Toney J. Redman, Lincoln, for appellant.

Don Stenberg, Atty. Gen., and Delores Coe-Barbee, Lincoln, for appellee.

SIEVERS, C.J., and CONNOLLY and WRIGHT, JJ.

CONNOLLY, Judge.

I. INTRODUCTION

This appeal arises from a plea in bar challenging the retrial of the appellant, John W. Joseph, Jr., for involuntary manslaughter. In the original trial, Joseph was charged with second degree murder and was found guilty of involuntary manslaughter. Pursuant to a motion for new trial based on an improper jury instruction, the district court set aside Joseph's conviction. The State then filed an amended information charging...

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