STATE v. LaPLANTE

No. 36972.

164 N.W.2d 448 (1969)

183 Neb. 803

STATE of Nebraska, Appellee, v. Charles LaPLANTE, Appellant.

Supreme Court of Nebraska.

January 31, 1969.


Attorney(s) appearing for the Case

Lawrence H. Yost, Yost & Yost, Fremont, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

Byron J. Norval, County Atty., Seward, amicus curiae.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and SCHMIDT, District Judge.


WHITE, Chief Justice.

Defendant was convicted pursuant to section 28-729.01, R.S.Supp., 1967, of unlawfully and feloniously assaulting a police officer with a dangerous weapon while the police officer was engaged in the performance of his duties. Defendant appeals this conviction and the subsequent conviction and sentencing as a habitual criminal.

Defendant seeks reversal of his conviction on three grounds: (1) The court erred in failing to instruct on the...

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