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STATE v. DeBERRY

No. 38808.

206 N.W.2d 642 (1973)

190 Neb. 177

STATE of Nebraska, Appellee, v. Earl E. DeBERRY, Appellant.

Supreme Court of Nebraska.

April 27, 1973.

Attorney(s) appearing for the Case

Frank B. Morrison, Sr., Public Defender, Stanley A. Krieger, Thomas Kenney, Asst. Public Defenders, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Deputy 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 charged and jury convicted of shooting with intent to kill, wound, or maim. § 28-410, R.R.S.1943. The defendant was sentenced to an indeterminate term of 3 to 5 years in the Nebraska Penal and Correctional Complex. His contentions on appeal are that the court refused to instruct the jury of the lesser included offense of assault and battery and that his indeterminate sentence was erroneous. We affirm the judgment and sentence...

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