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STATE v. McCARTHY

Nos. 40049, 40050.

233 N.W.2d 782 (1975)

194 Neb. 521

STATE of Nebraska, Appellee, v. John F. McCARTHY, Appellant.

Supreme Court of Nebraska.

October 9, 1975.

Attorney(s) appearing for the Case

Richard E. Gee, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., Steven C. Smith, Special Asst. Atty. Gen., Lincoln, for appellee.

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

NEWTON, Justice.

These cases were argued together, present an identical issue, namely, whether sentences were excessive, and will be combined herein.

Defendants were convicted of breaking and entering and each received a sentence of 3 to 9 years. Examination of the records fails to disclose an abuse of discretion in either case. The appeals are frivolous and the judgments are affirmed.

See Rule 20 and State v. Orner, 192 Neb...

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