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GUEDEA v. STATE

No. 33940.

77 N.W.2d 166 (1956)

162 Neb. 680

Porfirio GUEDEA, Plaintiff In Error, v. STATE of Nebraska, Defendant In Error.

Supreme Court of Nebraska.

May 25, 1956.

Attorney(s) appearing for the Case

McGinley, Lane, Powers & McGinley, Ogallala, Richard Dittemore, Julesburg, Colo., for plaintiff in error.

Clarence S. Beck, Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for defendant in error.

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

SIMMONS, Chief Justice.

The plaintiff in error, hereinafter called the defendant, was charged with the unlawful operation of a motor vehicle and while so doing caused the death of one Gertrude Gaona. See section 28-403.01, R.S.Supp.1955.

Defendant pleaded guilty. He offered evidence in mitigation of punishment. He was sentenced to serve not less than 3 nor more than 3½ years in the State Reformatory.

Thereafter he filed an application for an order...

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