STATE v. HECKATHORN

No. 38821.

208 N.W.2d 689 (1973)

190 Neb. 418

STATE of Nebraska, Appellee, v. Gerald HECKATHORN, Appellant.

Supreme Court of Nebraska.

June 29, 1973.


Attorney(s) appearing for the Case

Douglas McArthur, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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


WHITE, Chief Justice.

The sole question involved in this case is the excessiveness of the sentence imposed on the defendant for 1 year's incarceration as the result of a prosecution and plea of guilty to the offense of second offense petit larceny. The defendant's contention is that he should have been granted probation. In imposing sentence and denying probation in a criminal case the judgment of the District Court will not be disturbed on appeal unless the record...

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