STATE v. WEIDENFELLER

No. 38587.

203 N.W.2d 784 (1973)

189 Neb. 505

STATE of Nebraska, Appellee, v. Leo A. WEIDENFELLER, Appellant.

Supreme Court of Nebraska.

January 12, 1973.


Attorney(s) appearing for the Case

Paul E. Watts, Omaha, 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.


McCOWN, Justice.

The defendant was convicted of sodomy and sentenced to 1 to 2 years imprisonment. The sole basis for the appeal is that the sentence is excessive.

The defendant was 44 years old. His prior record revealed only minor traffic violations. The charge of sodomy on which he was convicted here was with a 14-year-old boy. As a part of a plea bargain, another count involving sodomy with an 11-year-old boy was dismissed. The defendant's statements and...

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