STATE v. STOCK

No. 36938.

165 N.W.2d 111 (1969)

184 Neb. 29

STATE of Nebraska, Appellee, v. Herbert C. STOCK, Appellant.

Supreme Court of Nebraska.

February 20, 1969.


Attorney(s) appearing for the Case

Yost & Yost, Fremont, for appellant.

Clarence A. H. Meyer, Atty. Gen., Homer Hamilton, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, McCOWN and SMITH, JJ., and KOKJER and ACH, District Judges.


WHITE, Chief Justice.

From a maximum sentence of 10 years for manslaughter, the defendant appeals. Section 28-403, R.R.S.1943. The only question presented is the excessiveness of the sentence. We affirm the judgment and sentence of the district court.

The facts are that the defendant deliberately assaulted his 20-month old daughter in the middle of the night in an attempt to stop her from crying and that the blows on the chest and back resulted almost immediately...

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