State v. Lyle

I. STATEMENT OF CASE

Following a bench trial, the court below convicted the defendant-appellant, Arthur Lyle, of, among other things, murder in the first degree, a violation of Neb. Rev. Stat. § 28-303 (Reissue 1989). Lyle assigns that conviction as error, claiming, in essence, that it is inconsistent with the trial judge’s implicit finding, and the presence of evidence showing, that the killing was committed in the heat of passion. We affirm.

II. FACTS

On August 2, 1992, Lyle went to a nursing home to visit his mother. With him were his two grandsons. When he arrived at the home, his younger…