State v. Weaver

NATURE OF CASE

Byron J. Weaver was charged by information with first degree murder. After a trial, the jury returned a verdict finding Weaver guilty of the lesser-included offense of second degree murder. Weaver was sentenced to a term of 60 years to life in prison. We are presented with Weaver’s direct appeal of this judgment and sentence.

SCOPE OF REVIEW

Whether jury instructions given by a trial court are correct is a question of law. State v. Mata, 266 Neb. 668, 668 N.W.2d 448 (2003). On a question of law, an appellate court is obligated to reach a conclusion independent of the determination…