State v. White

Following a trial by jury, Calvin White, the defendant, was convicted of manslaughter and sentenced to 10 years in prison. He assigns as the only error that the trial court failed to instruct the jury that it could further find the defendant guilty of the lesser-included offenses of child abuse or third degree assault. This court does not agree, and we affirm.

This was a criminal prosecution where the defendant was charged with first degree murder, in violation of Neb. Rev. Stat. § 28-303 (Reissue 1979). The trial court instructed the jury that it could find the defendant guilty of first…