STATE v. MOORE

No. 39106.

212 N.W.2d 575 (1973)

190 Neb. 771

STATE of Nebraska, Appellee, v. Francis Scott MOORE, Appellant.

Supreme Court of Nebraska.

November 23, 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 SPENCER, SMITH, NEWTON and CLINTON, JJ., and MURPHY, District Judge.


CLINTON, Justice.

Defendant was serving a sentence of 5 to 10 years for burglary. He was granted a 12-hour furlough. He did not return and was apprehended several months later. He was charged with escape, waived jury trial, and found guilty by the court. This is his sixth felony conviction. Sentence of 1 year to be served consecutive to the term of the burglary was imposed. He argues it is excessive. It isn't.

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