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STATE v. SMITH

No. A-94-567.

529 N.W.2d 116 (1995)

3 Neb. 564

3 Neb.App. 564

STATE of Nebraska, Appellee and Cross-Appellant, v. Michael Ray SMITH, Appellant and Cross-Appellee.

Court of Appeals of Nebraska.

March 21, 1995.

Attorney(s) appearing for the Case

Thomas J. Garvey, Sarpy County Public Defender, and Gregory A. Pivovar, Omaha for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

SIEVERS, C.J., and HANNON and MUES, JJ.

MUES, Judge.

This appeal arises from a plea in bar challenging the retrial of Michael Ray Smith for attempted voluntary manslaughter, first degree assault, and use of a weapon to commit a felony. In the original trial, Smith was charged with attempted second degree murder and use of a firearm to commit a felony and was found not guilty on both counts by a jury. The State subsequently filed a separate information charging Smith with attempted voluntary manslaughter...

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