State v. Al-Zubaidy

We granted appellant, Kamil H. Al-Zubaidy, a petition for further review of the affirmance of his conviction for attempted first degree murder by the Nebraska Court of Appeals. The Court of Appeals found that although attempted second degree murder is a lesser-included offense of attempted first degree murder, the evidence presented in appellant’s trial did not merit such an instruction. See State v. Al-Zubaidy, 5 Neb. App. 327, 559 N.W.2d 774 (1997). We agree with the Court of Appeals that attempted second degree murder is a lesser-included offense of attempted first degree murder, but…