STATE v. COLEMAN

No. 38693.

204 N.W.2d 787 (1973)

189 Neb. 725

STATE of Nebraska, Appellee, v. Robert Laverne COLEMAN, Appellant.

Supreme Court of Nebraska.

March 2, 1973.


Attorney(s) appearing for the Case

Paul E. Watts, Stephen Greenberg, J. Joseph McQuillan, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

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


SMITH, Justice.

A jury found defendant guilty of kidnapping and the court sentenced him to imprisonment for an indeterminate period of 25 to 40 years. After expiration of the time for appeal defendant unsuccessfully moved the court to vacate the sentence on the ground that the jury alone possessed authority to sentence him under the statute. This appeal ensued.

The sequence of events is as follows. The information in Count II charged that defendant on July...

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