![]() ![]() Both Smith and Green were members of the "Crips" street gang. The events which led to the appellant's conviction began on the night of December 19, 1992, when the assault victim, George Smith, accompanied the murder victim, Richard Green, to a birthday party. The appellant now appeals his murder conviction, contending only that the district court erred in overruling his objection to the jury instruction which instructed the jury to consider the lesser offense of manslaughter only after finding that the State failed to prove that the appellant was guilty of second degree murder. He was sentenced to a term of life imprisonment for his murder conviction, 6 to 10 years' *774 imprisonment for his assault conviction, and terms of 10 years' imprisonment for each count of using a firearm to commit a felony, such sentences to run consecutively. Blackson, was convicted of second degree murder, first degree assault, and two counts of using a firearm in the commission of a felony. Kohtz, Lincoln, for appellee.īefore HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH and LANPHIER, JJ. ![]() Breen, Omaha, for appellant.ĭon Stenberg, Atty. Kenney, Douglas County Public Defender, Thomas C. ![]()
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