State v. Armagost
Annotate this CaseAfter a jury trial, Defendant was convicted of operating a motor vehicle in a willful reckless manner to avoid arrest. The court of appeals affirmed, concluding that the district court erred by giving a jury instruction on the material elements of the offense that omitted the element of an attempt to arrest or issue a citation to Defendant, but the error was harmless. The State and Defendant petitioned the Supreme Court for further review, arguing that the court of appeals erred in finding that an attempt at an arrest or citation was an essential element of the crime charged. The Supreme Court affirmed the court of appeals’ decision affirming Defendant’s conviction but disapproved of its ruling that, under Neb. Rev. Stat. 28-905, an attempt to arrest or cite a defendant must be separately identified as an element in jury instructions. Therefore, the district court did not err in refusing to instruct the jury that an attempted arrest or citation was an element of the offense.
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