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STATE v. SMALL

No. 37943.

191 N.W.2d 167 (1971)

187 Neb. 379

STATE of Nebraska, Appellee, v. Phyllis Kills SMALL, Appellant, Consolidated with State of Nebraska, Appellee. Dorrine AMESCUA, Appellant, Consolidated with State of Nebraska, Appellee. v. Wayne MENARD, Appellant.

Supreme Court of Nebraska.

October 29, 1971.

Attorney(s) appearing for the Case

Lyman & Meister, Howard P. Olsen, Jr., Scottsbluff, for appellants.

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

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

SMITH, Justice.

A jury found Dorrine Amescua and Wayne Menard guilty of assault with intent to commit robbery. Appealing, they assert insufficiency of the evidence to support the verdicts.

The victim, Thomas Neu, Jr., an epileptic, was visiting in Scottsbluff on May 22, 1970, where Menard, his nephew, resided. The two men, Dorrine, and Phyllis Kills Small, now deceased, during the day were drinking intoxicating liquor excessively. When Neu walked out the rear...

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