State v. Jacob

In 1986, the appellee, David Harold Jacob, pled guilty to three counts of second degree murder and two counts of use of a weapon to commit a felony. However, the information with which Jacob had been charged did not include the element of malice in the three counts of second degree murder.

Jacob brought a postconviction action challenging his murder convictions, based on the State’s failure to allege malice; the constitutionality of Neb. Rev. Stat. § 28-304 (Reissue 1995); and the State’s failure to grant specific performance of Jacob’s plea agreement, and claiming that the information…