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STATE v. McCLARITY

No. 36148.

142 N.W.2d 152 (1966)

180 Neb. 246

STATE of Nebraska, Appellee, v. James Henry McCLARITY, alias Anthony Leroy Turner, Appellant.

Supreme Court of Nebraska.

April 29, 1966.

Attorney(s) appearing for the Case

Fred J. Montag, A. Q. Wolf, Michael McCormack, Bennett Hornstein, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and KUNS, District Judge.

KUNS, District Judge.

Defendant was tried upon an information charging that on April 3, 1965, he committed the crime of robbery against Anton Paikar in Douglas County, Nebraska. The jury returned a verdict finding him guilty of the offense of assault with intent to commit robbery. Defendant was sentenced to a term of 7 years penal servitude in the Nebraska Penal and Correctional Complex and has appealed to this court.

The appellant has assigned two errors...

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