State v. Russ

The defendant appeals from a conviction for second degree murder. The assignments of error relate to the sufficiency of the evidence; a motion for a psychiatric examination; a motion for a mistrial; and whether the sentence was excessive.

The record shows that the defendant shot and killed Benny Thomas on September 29, 1971. The killing took place in front of the residence of Cheril Thomas in Omaha, Nebraska.

Cheril Thomas was divorced from Edward Thomas sometime around 1965. She lived with the defendant *131from 1965 to 1968 and from December 1969 to July 1971.. The defendant is the father of her…