State v. Valadez
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The Supreme Court dismissed this exception proceeding brought by the State following a trial in which Defendant was acquitted of use of a weapon to commit a felony and second-degree assault, holding that the issues presented were not appropriate for resolution in this exception proceeding.
During the underlying trial, the State objected to the district court's instructing the jury on self-defense and defense of property, but the district court instructed the jury on both affirmative defenses. The jury subsequently acquitted Defendant on all counts. The State applied for leave to docket an exception proceeding. The Supreme Court dismissed the appeal, holding that because there was no dispute that Defendant was "placed legally in jeopardy" in court for purposes of Neb. Rev. Stat. 29-2316, this Court had no power to alter the judgment of the district court.
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