State v. Samuels

Defendant was charged with the first degree murder of Ronald Cunningham, whose death occurred on October 16, 1978. Upon being tried to a jury, he was found guilty of the lesser-included charge of second degree murder and was sentenced to 13 years in the Nebraska Penal and Correctional Complex. The errors assigned by defendant on appeal included the refusal to give defendant’s proposed instructions as to motive of defendant and character of the victim, the giving of an instruction on flight pursuant to an oral request of the State, a denial of defendant’s motion for mistrial based on…