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Bailey Boswell appears in court Monday

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Just a few days after being sentenced to five years for defrauding a Kansas couple, Bailey Boswell was back in court for an arraignment in Saline County for the murder of Sydney Loofe.

Boswell's defense said the death penalty is unconstitutional and Boswell did not make a plea. She will have a hearing on the constitutionality of the death penalty on Sept. 17.

If convicted, Boswell would be the only woman on death row in Nebraska. She was charged with first-degree murder in the case in June.