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STATE v. SCHROEDER

No. 41356.

261 N.W.2d 759 (1978)

199 Neb. 822

STATE of Nebraska, Appellee, v. Mark SCHROEDER, Appellant.

Supreme Court of Nebraska.

January 25, 1978.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender and Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

BOSLAUGH, Justice.

The defendant, Mark Schroeder, appeals from a sentence to imprisonment for 2 to 3 years for assault with intent to inflict great bodily injury. The defendant has assigned as error the trial court's refusal to instruct on the defense of justification, or choice of evils, as provided in section 28-834, R.R.S. 1943.

The assault took place in a cell at the Reformatory Unit near Lincoln, Nebraska. The defendant was confined in the cell with three...

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