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| | Malice, State v. Myers |
 | | Garrett, 191 Neb. 439, 216 N.W.2d 170 (1974) (evidence as to motive is generally relevant where intent is an element of the crime or the proof is circumstantial in nature). |
 | | Benzel, 220 Neb. 466, 477, 370 N.W.2d 501, 511 (1985), addressed a similar claim wherein the Defendant was arguing that the prosecutor in closing argument injected his personal beliefs and inflamed the passion of the jury. |
 | | In imposing a sentence, a sentencing judge should consider the defendant's age, mentality, education, experience, and social and cultural background, as well as his or her past criminal record or law-abiding conduct, motivation for the offense, nature of the offense, and the amount of violence involved in the commission of the crime. |
| www.nebraskapen.org /Malice/myers.htm (19188 words) |
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