State v. Lubenow

TODD, Justice.

Defendant, Gerald Arnold Lubenow, was convicted of second-degree murder 1 in connection with the death of Roseleen Peterson after a trial by jury in Douglas County District Court. He was sentenced to an indeterminate term of imprisonment not to exceed 40 years. Appellant challenges his conviction on several grounds, including the sufficiency of the evidence and the admission into evidence as dying declarations certain incriminating responses of Mrs. Peterson to questions put to her before her death. We reverse.

The record reveals that at approximately 7:15 a. m. on February 12,…