State v. Mann

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The Supreme Court reversed the judgment of the district court convicting Defendant of possession of a stolen firearm, holding that the "intent to restore" clause of Neb. Rev. Stat. 28-1212.03 is an essential element of the crime such that failure to instruct the jury of this material element is plain error, and the error to so instruct in this case was not harmless.In the proceedings below, the jury was not instructed that the absence of an intent to restore the property was a material element of the crime. The Supreme Court held that the court erred when it did not instruct the jury on the intent to restore element of the crime, and the instruction error was not harmless. Thus, the Court reversed the judgment and remanded the cause for a new trial. View "State v. Mann" on Justia Law