MILLER v. STATE

No. 35094.

113 N.W.2d 118 (1962)

173 Neb. 268

Prentice MILLER, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

February 2, 1962.


Attorney(s) appearing for the Case

Young & Denenberg, Omaha, for plaintiff in error.

Clarence A. H. Meyer, Atty. Gen., B. L. Packett, Asst. Atty. Gen., for defendant in error.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


BOSLAUGH, Justice.

The plaintiff in error, who will be referred to as the defendant, was convicted of robbery under section 28-414, R.R.S.1943. The defendant's motion for new trial was overruled and he was sentenced to 3 years in the penitentiary.

The assignments of error are that the evidence is not sufficient to sustain the conviction and that the court erred in failing to give certain instructions.

There...

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