KIRKENDALL v. STATE

No. 32770.

42 N.W.2d 374 (1950)

152 Neb. 691

KIRKENDALL v. STATE.

Supreme Court of Nebraska.

April 27, 1950.


Attorney(s) appearing for the Case

J. L. Gagnon, Falls, City, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Clarence A. H. Meyer, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, CHAPPELL, WENKE, and BOSLAUGH, JJ.


CHAPPELL, Justice.

An information charged that on or about July 24, 1949, in Richardson County, defendant made an assault with intent to inflict great bodily injury upon the person of George A. Larimore, hereinafter called complainant. Upon a plea of not guilty defendant was tried to a jury, which found him guilty of the included lesser offense of assault and battery. His motion for new trial was overruled, and he was sentenced to serve 75 days in the county jail...

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