(DOWNLOAD) "State Nebraska v. Joseph P. Moniz" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Joseph P. Moniz
- Author : Supreme Court of Nebraska
- Release Date : January 05, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Following a bench trial, defendant, Joseph P. Moniz, was found guilty of second degree murder in violation of Neb. Rev. Stat. § 28-304 (Reissue 1985) and sentenced to life imprisonment. His three assignments of error raise two issues: (1) whether the killing was justifiable as having been committed in self-defense; and, if not, (2) whether the evidence supports a conviction for second degree murder. We affirm. Defendant testified that he, an unemployed, disabled man suffering from back problems and emphysema, and decedent, Gerald Jump, a younger, robust individual, had been longtime friends and had been standing at the bar of the Horseshoe Lounge in Walthill visiting and buying each other drinks. All at once decedent turned to defendant and said, ""You ugly Son-of-a-Bitch, I'm going to whip you."" Decedent continued ""picking"" on defendant and bragged about how he had ""whipped"" defendant's son and could ""whip"" any of the Monizes. Defendant then rejoined his daughter, Tracy Moniz, her boyfriend, Fred Appleton, and defendant's nephew, Frank Stabler, at a booth. Decedent went over to the booth on three separate occasions, ""cussing"" and ""laughing"" at defendant and sticking his fingers into defendant's drink. While this caused defendant to stand up so as to face decedent, there was no hitting or pushing, and defendant and Stabler ultimately left the lounge. However, because defendant had left the keys to his car at the booth, he beckoned through the picture window at the front of the lounge to his daughter to come outside so that he could retrieve his keys.
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