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STATE v. MONTGOMERY

No. 39133.

215 N.W.2d 881 (1974)

191 Neb. 470

STATE of Nebraska, Appellee, v. Leroy MONTGOMERY, Appellant.

Supreme Court of Nebraska.

March 14, 1974.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON and CLINTON, JJ., and FLORY, District Judge.

CLINTON, Justice.

The defendant was charged under the provisions of section 28-401, R.R.S.1943, with having killed John R. Wisotzkey while in the perpetration of a robbery. He was found guilty by a jury and punishment was fixed at life imprisonment. The court pronounced sentence in accordance with the verdict.

On this appeal the error assigned is that the court improperly refused to submit instructions which would have permitted the jury to find the defendant...

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