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STATE v. STROH

No. 38604.

204 N.W.2d 156 (1973)

189 Neb. 637

STATE of Nebraska, Appellee, v. Larry David STROH, Appellant.

Supreme Court of Nebraska.

February 9, 1973.

Attorney(s) appearing for the Case

A. James McArthur, Lincoln, 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.

Defendant was found guilty of assault with intent to commit rape, and was sentenced to 7 years in the Nebraska Penal and Correctional Complex. He premises his appeal on excessiveness of sentence. We affirm.

Defendant was charged with forcible rape. A jury trial was had on that issue. It resulted in a mistrial prior to actual submission. Defendant then waived his right to a trial by jury and stipulated...

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