State v. Schumacher

Defendant was convicted of burglary. He assigns as error the omission of the word “willful” from the information; failure to instruct on his theory of the case; and prejudicial argument by the prosecuting attorney. The judgment of the district court is affirmed.

The information charged that defendant acted “unlawfully and feloniously, maliciously and forcibly.” To act with malice means to act maliciously. “Malice in a legal sense denotes that condition of mind which is manifested by the intentional doing of a wrongful act without just cause or excuse.” Sall v. State, 157 Neb. 688, 61 N. W. 2d…