State v. Kelly

Defendant was convicted after a trial to the court of the crime of second degree murder and sentenced to a term of 15 years in the Nebraska Penal and Correctional Complex.

On appeal, defendant assigns two errors: (1) The court erred in failing to suppress the defendant’s statement as the fruit of an unlawful arrest; and (2) The sentence is excessive. We shall discuss the second assignment first and will not discuss the first assignment for reasons we will set forth.

The victim was the defendant’s mother-in-law. She was found in the basement of a residence in Omaha, Nebraska. Death was caused by…