State v. Schmailzl

Authorized under Neb. Rev. Stat. § 29-2315.01 (Supp. 1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb. Rev. Stat. § 28-311.01(l)(a) and (c) (Reissue 1989), a Class IV felony. The amended information charged that Schmailzl did “threaten to commit [a] crime of violence with the intent to terrorize another or in reckless disregard of the risk of causing such terror.” Pursuant to Neb. Rev. Stat. § 29-1808 (Reissue 1989),…