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

Neb. Rev. Stat. § 28-303 (2026)

Murder in the first degree; penalty

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person. The determination of whether murder in the first degree shall be punished as a Class I or Class IA felony shall be made pursuant to sections 29-2519 to 29-2524.

Notes of Decisions
Cited in 209 cases (32 in the last 5 years), 1979–2026 · leading case: State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016).
Sort: Relevance Newest Treatment
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). · cites it 6× “The instruction given in Smith defined second degree murder as an intentional killing done without premeditation 10 See Neb. Rev. Stat. §§ 28-303 to 28-305 (Reissue 2008 & Supp.”
State v. Hernandez, 299 Neb. 896 (Neb. 2018). · cites it 4× “Several other individ­ uals also stayed there or visited frequently, including John Hall, Brett Winters, David McPherson, Jeff Morley, and 1 See Neb. Rev. Stat. § 28-303 (Supp. 2017). 2 See Neb.”
State v. Cotton, 299 Neb. 650 (Neb. 2018). · cites it 3× “Pursuant to Neb. Rev. Stat. § 28-303 (Supp. 2017), a person commits murder in the first degree if he or she kills another person purposely and with deliberate and premeditated malice.”
Hall v. State, 646 N.W.2d 572 (Neb. 2002). · cites it 8× “S-01-621, Hall sought a declaration that Neb. Rev. Stat. § 28-303 (1) (Reissue 1995) regarding murder in the first degree was unconstitutional.”
State v. Hochstein, 632 N.W.2d 273 (Neb. 2001). · cites it 7× “§ 28-401 (Reissue 1975) (now Neb. Rev. Stat. § 28-303 (Reissue 1995)), the permissible sentences are a sentence of life imprisonment or a sentence of death.”
State v. Gales, 658 N.W.2d 604 (Neb. 2003). · cites it 5× “§ 28-401 (1943), and later recodified at Neb. Rev. Stat. § 28-303 (Reissue 1995). In Sundahl , this court rejected a contention that the trial court erred in refusing to give a jury instruction that specified factors which the jury could or could not consider in exercising its…”
State v. Oldson, 884 N.W.2d 10 (Neb. 2016). · cites it 2× “159 See Neb. Rev. Stat. § 28-303 (Reissue 2008). 160 Neb.”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). · cites it 10× “Current homicide definitions are found in Neb.Rev.Stat. §§ 28-303, 28-304, and 28-305 (Reissue 1985), and provide: A person commits murder in the first degree if he kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or…”
State v. Nissen, 560 N.W.2d 157 (Neb. 1997). · cites it 10× “S-95-996 with three counts of murder in the first degree, in violation of Neb. Rev. Stat. § 28-303 (Reissue 1995), and in case No.”
State v. Golyar, 301 Neb. 488 (Neb. 2018). · cites it 2× “Neb. Rev. Stat. § 28-303 (Supp. 2017). State v.”
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). · cites it 5× “In February 1993, an amended information was filed charging Bjorklund in count I with murder in the first degree under Neb. Rev. Stat. § 28-303 (Reissue 1995) and in count II with use of a weapon to commit a felony under Neb.”
State v. Garza, 888 N.W.2d 526 (Neb. 2016). · cites it 3× “Garza also offered testimony of a licensed psycholo- gist who evaluated Garza in preparation for resentencing.”
Show all 209 citing cases →
— Neb. Rev. Stat. § 28-303(1) — 26 cases
Hall v. State, 646 N.W.2d 572 (Neb. 2002). “S-01-621, Hall sought a declaration that Neb. Rev. Stat. § 28-303 (1) (Reissue 1995) regarding murder in the first degree was unconstitutional.”
State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). “The instruction given in Smith defined second degree murder as an intentional killing done without premeditation 10 See Neb. Rev. Stat. §§ 28-303 to 28-305 (Reissue 2008 & Supp.”
State v. Buckman, 468 N.W.2d 589 (Neb. 1991).
State v. Miranda, 984 N.W.2d 261 (Neb. 2023).
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). “Current homicide definitions are found in Neb.Rev.Stat. §§ 28-303, 28-304, and 28-305 (Reissue 1985), and provide: A person commits murder in the first degree if he kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or…”
— Neb. Rev. Stat. § 28-303(1)(2) — 1 case
State v. Logan, 320 Neb. 554 (Neb. 2025).
— Neb. Rev. Stat. § 28-303(2) — 16 cases
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “In February 1993, an amended information was filed charging Bjorklund in count I with murder in the first degree under Neb. Rev. Stat. § 28-303 (Reissue 1995) and in count II with use of a weapon to commit a felony under Neb.”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998).
State v. Palmer, 399 N.W.2d 706 (Neb. 1986).
State v. Garza, 888 N.W.2d 526 (Neb. 2016). “Garza also offered testimony of a licensed psycholo- gist who evaluated Garza in preparation for resentencing.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.