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STATE v. MELVIN

No. 38218.

194 N.W.2d 178 (1972)

187 Neb. 792

STATE of Nebraska, Appellee, v. Vincent P. MELVIN, Appellant.

Supreme Court of Nebraska.

February 4, 1972.

Attorney(s) appearing for the Case

John E. Dier, Holdrege, for appellant.

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Gary R. Welch, Special Asst. Atty. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendant, Vincent P. Melvin, and John G. Ryan were convicted of burglary upon pleas of guilty. The charges arose out of an offense on May 14, 1971, in which both men participated.

The defendant was sentenced to imprisonment for 1 to 2 years. Ryan was sentenced to imprisonment for 1 year. The defendant appeals, claiming that his sentence was excessive and should not have exceeded that imposed on Ryan.

In passing sentence, it...

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