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STATE v. GRAHAM

No. S-91-604.

492 N.W.2d 845 (1992)

241 Neb. 995

STATE of Nebraska, Appellee, v. Frank J. GRAHAM, Appellant.

Supreme Court of Nebraska.

December 4, 1992.

Attorney(s) appearing for the Case

Brian C. Bennett, of Dunlap & Bennett, P.C., Milford, for appellant.

Don Stenberg, Atty. Gen., and Donald A. Kohtz, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

GRANT, Justice.

On November 7, 1990, defendant, Frank J. Graham, was charged in an information filed by the county attorney of Seward County, Nebraska, with the offense of theft by unlawful taking, in violation of Neb.Rev.Stat. § 28-511 (Reissue 1989), a Class III felony. After trial, a jury determined that defendant was guilty of theft by unlawful taking, a Class IV felony. Defendant was sentenced to imprisonment for 20 to 60 months in the custody of the Nebraska...

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