both decisions overruled, State v. Burlison, 255 Neb. 190, 583 N.W.2d 31 (1998)
How later courts described this case
- both decisions overruled, State v. Burlison, 255 Neb. 190, 583 N.W.2d 31 (1998)
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by State v. Burlison, 255 Neb. 190 (1998)
249 Neb. 218 , 543 N.W.2d 128 (1996) (Gerrard, J., dissenting), overruled on other grounds, State v. Burlison, 255 Neb. 190 , 583 N.W.2d 31
The opinion
Wright, L,
dissenting.
I reiterate my dissent as stated in State v. Grimes, 246 Neb. 473 , 519 N.W.2d 507 (1994), and I join the dissents of Justices Connolly and Gerrard.
I cannot agree with any of the reasoning used by the majority to justify its conclusion that malice is an element of second *260 degree murder. It is my belief that justice is not well served by the majority’s opinion.
Connolly and Gerrard, JJ., join in this dissent.