Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-302 (2026)

Homicide; terms, defined

✓ current as of July 2026
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As used in sections 28-302 to 28-306, unless the context otherwise requires:

(1) Homicide shall mean the killing of a person by another;

(2) Person, when referring to the victim of a homicide, shall mean a human being who had been born and was alive at the time of the homicidal act; and

(3) Premeditation shall mean a design formed to do something before it is done.

Notes of Decisions
Cited in 15 cases, 1986–2018 · leading case: State v. Mueller, 301 Neb. 778 (Neb. 2018).
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State v. Mueller, 301 Neb. 778 (Neb. 2018). · cites it 3× “The time needed for premeditation may be so short as to be instantaneous provided that the intent to *437 act is formed before the act and not simultaneously with it." When this instruction was proposed, Mueller did not oppose the first sentence, which was based on the…”
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). · cites it 3× “He contends his proposed instruction is the statutory definition of premeditation from Neb. Rev. Stat. § 28-302 (3) (Reissue 2008) and that this court has exceeded the scope of its authority by expanding on that definition in our cases.”
State v. Custer, 292 Neb. 88 (Neb. 2015). · cites it 6× “” Custer objected to the second sentence of the definition for premeditation because it did not conform to the statutory definition of premeditation under Neb. Rev. Stat. § 28-302 (Reissue 2008). The definition of premeditation in jury instruction No.”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). · cites it 4× “” Neb. Rev. Stat. § 28-302 (1) (Reissue 1985).”
State v. Ash, 878 N.W.2d 569 (Neb. 2016). · cites it 2× “0: “Premeditated/Premeditation means to form the intent to do something before it is done.”
State v. Nesbitt, 650 N.W.2d 766 (Neb. 2002). · cites it 2× “Jury In this section of his postconviction motion, Nesbitt asserts that the district court erred (1) in failing to grant additional peremptory challenges to the defense, (2) in failing to sequester the jury during the trial, (3) in failing to individually question each…”
State v. Weaver, 677 N.W.2d 502 (Neb. 2004). · cites it 2× “Premeditation was defined in the instmctions as “a design formed to do something before it is done.” The jury was instructed that the time needed for premeditation may be “so short as to be instantaneous provided that the intent to act is formed before the act and not…”
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990). · cites it 2× “See, also, Neb. Rev. Stat. § 28-302 (3) (Reissue 1989): “Premeditation shall mean a design *676 to do something before it is done.”
State v. Drinkwalter, 493 N.W.2d 319 (Neb. 1992). · cites it 4× “See Neb.Rev.Stat. § 28-302 (Reissue 1985). A person kills with "premeditated malice" if before the act causing the death occurs, he or she has formed the intent or determined to kill the victim without legal justification.”
State v. McBride, 550 N.W.2d 659 (Neb. 1996). · cites it 2× “The definition of premeditation in McBride’s proposed instruction is exactly that which is set forth in Neb. Rev. Stat. § 28-302 (3) (Reissue 1995), while the district court’s instruction adds the statement: “The time needed for premeditation may be so short as to be…”
State v. Larsen, 586 N.W.2d 641 (Neb. 1998). · cites it 2× “See, Neb. Rev. Stat. § 28-302 (3) (Reissue 1995); State v.”
State v. Batiste, 437 N.W.2d 125 (Neb. 1989). · cites it 2× “See Neb. Rev. Stat. § 28-302 (Reissue 1985). A person kills with “premeditated malice” if before the act causing the death occurs, he or she has formed the intent or determined to kill the victim without legal justification.”
Show all 15 citing cases →
— Neb. Rev. Stat. § 28-302(1) — 1 case
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “” Neb. Rev. Stat. § 28-302 (1) (Reissue 1985).”
— Neb. Rev. Stat. § 28-302(3) — 4 cases
State v. Custer, 292 Neb. 88 (Neb. 2015). “” Custer objected to the second sentence of the definition for premeditation because it did not conform to the statutory definition of premeditation under Neb. Rev. Stat. § 28-302 (Reissue 2008). The definition of premeditation in jury instruction No.”
State v. Mueller, 301 Neb. 778 (Neb. 2018). “The time needed for premeditation may be so short as to be instantaneous provided that the intent to *437 act is formed before the act and not simultaneously with it." When this instruction was proposed, Mueller did not oppose the first sentence, which was based on the…”
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). “He contends his proposed instruction is the statutory definition of premeditation from Neb. Rev. Stat. § 28-302 (3) (Reissue 2008) and that this court has exceeded the scope of its authority by expanding on that definition in our cases.”
State v. Mueller, 301 Neb. 778 (Neb. 2018).
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