State v. Bautista

This is an appeal from a murder conviction. The defendant was charged with first-degree murder. After trial by a jury, a verdict of guilty of second-degree murder was entered, and the defendant was sentenced to 20' years hard labor at the Nebraska Penal and Correctional Complex. We affirm the judgment and sentence of the District Court.

The facts are as follows: On the evening of March 3, 1974, the defendant, John G. Bautista, and Phillip Esparza became involved in a fight outside Paul’s Club in Scottsbluff, Nebraska. The evidence is disputed as to whether only these two men were fighting or…