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STATE v. SMITH

No. 38994.

211 N.W.2d 922 (1973)

190 Neb. 722

STATE of Nebraska, Appellee, v. Larry E. SMITH, Appellant.

Supreme Court of Nebraska.

November 9, 1973.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

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.

WHITE, Chief Justice.

The defendant was jury convicted and sentenced to a consecutive term for escaping from the custody of the Nebraska Penal and Correctional Complex. He appeals, claiming the trial court was in error in not instructing on and submitting the issue of his insanity to the jury. We affirm the judgment and sentence of the District Court.

The defendant was an inmate of the Nebraska Penal and Correctional Complex on October 8, 1972, under a sentence...

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