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STATE v. SUGGETT

No. 38665.

204 N.W.2d 793 (1973)

189 Neb. 714

STATE of Nebraska, Appellee, v. David Tommy Gene SUGGETT, Appellant.

Supreme Court of Nebraska.

March 2, 1973.

Attorney(s) appearing for the Case

W. A. Stuart, Lexington, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

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

NEWTON, Justice.

This is a prosecution for second degree murder. Following an argument in a bar between Benjamin L. Martinez and the defendant the altercation was resumed in the street. Martinez struck the defendant twice with his open hand and defendant retaliated by stabbing Martinez three times, inflicting fatal wounds. A jury found the defendant guilty of homicide in the second degree and he received an indeterminate sentence of 20 to 30 years. We affirm the judgment...

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