CHAPPELL, Justice.
Plaintiff in error, Gerald Frederick Rakes, hereinafter called defendant, was tried to a jury and found guilty upon an information charging him with robbery. His motion for new trial was overruled and he was sentenced to serve 6 years in the Nebraska State Penitentiary. Therefrom he prosecuted error to this court, assigning substantially that the trial court erred prejudicially: (1) In the giving of instruction No. 13 on its own motion; (2) in giving...
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