STATE v. WINGATE

No. 39167.

215 N.W.2d 90 (1974)

191 Neb. 388

STATE of Nebraska, Appellee, v. Raymond WINGATE, Appellant.

Supreme Court of Nebraska.

February 28, 1974.


Attorney(s) appearing for the Case

Lathrop, Albracht & Dolan, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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


FLORY, District Judge.

Appellant, Raymond Wingate, was convicted by a jury of forcibly assaulting and resisting, with a dangerous weapon, a law enforcement officer while engaged in the performance of his official duties. Section 28-729.01, R.S.Supp., 1972.

From the evidence the jury could easily have found beyond a reasonable doubt the following facts: The sheriff of Madison County, Nebraska, with two deputies, went to the defendant's farm about 10:30 a. m...

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