STATE v. FINCHER

No. 38122.

196 N.W.2d 909 (1972)

188 Neb. 376

STATE of Nebraska, Appellee, v. Hubert W. FINCHER, Appellant.

Supreme Court of Nebraska.

April 27, 1972.


Attorney(s) appearing for the Case

Hubert W. Fincher, pro se.

Clarence A. H. Meyer, Atty. Gen., Gerald S. Vitamvas, Deputy Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and BOSLAUGH, McCOWN, and CLINTON, JJ., and COLWELL, District Judge.


CLINTON, Justice.

The defendant was convicted by a jury of the crime of assault with intent to commit great bodily injury committed on September 29, 1970. He was sentenced to a term of 15 to 20 years. He appeals pro se and the sole assignment of error is that he received a sentence in excess of the maximum provided by statute. He points to section 28-413, R.R.S.1943. He overlooks that in 1969 the legislature amended that statute to provide for a penalty of "not less...

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