State v. Nash

Stanley R. Nash appeals from the judgment of the district court overruling his motion for new trial. A jury found Nash guilty of second degree murder and use of a weapon to commit a felony by its verdict returned on July 22,1993. Nash alleges as error the failure of the trial court to instruct the jury on the issue of malice as an element of the crime of second degree murder and the failure to sustain Nash’s motion for judgment notwithstanding the verdict based on the lack of evidence to sustain a finding of either intent or malice.

However, Nash has created a procedural morass. He filed a…