STATE v. McCAULEY

No. 38934.

208 N.W.2d 275 (1973)

190 Neb. 367

STATE of Nebraska, Appellee, v. Theodore McCAULEY, Sr., Appellant.

Supreme Court of Nebraska.

June 15, 1973.


Attorney(s) appearing for the Case

Mitchell & Beatty, John C. Mitchell, Larry R. Demerath, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

The defendant pleaded nolo contendere to robbery and was sentenced to 3 years' imprisonment. He appeals, contending the sentence was excessive.

The sentence imposed was the minimum prescribed by statute. § 28-414, R.R.S.1943. The defendant argues that he should have been placed on probation.

The defendant is 22 years of age. He has worked in packing houses and as a taxi driver. At the time of the offense he was employed by Greater...

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