STATE v. WHIPPLE

No. 38459.

202 N.W.2d 182 (1972)

189 Neb. 259

STATE of Nebraska, Appellee, v. Mervin WHIPPLE, Appellant.

Supreme Court of Nebraska.

November 17, 1972.


Attorney(s) appearing for the Case

James T. Hansen, C. F. Fitzke, Gering, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

Mervin Whipple appeals his conviction upon a two-count information charging him with assault with intent to inflict great bodily injury, and a forcible taking of property of value with intent to rob and steal. The jury found defendant guilty of the lesser-included offense of assault and battery on the first count, and guilty of the offense of assault with intent to commit robbery on count two.

Defendant assigns as error the refusal to direct...

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