STATE v. BAUTISTA

No. 39701.

227 N.W.2d 835 (1975)

193 Neb. 476

STATE of Nebraska, Appellee, v. John G. BAUTISTA, Appellant.

Supreme Court of Nebraska.

April 10, 1975.


Attorney(s) appearing for the Case

James T. Hansen, Gering, for appellant.

Paul L. Douglas, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

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


WHITE, Chief Justice.

This is an appeal from a murder conviction. The defendant was charged with first-degree murder. After trial by a jury, a verdict of guilty of second-degree murder was entered, and the defendant was sentenced to 20 years hard labor at the Nebraska Penal and Correctional Complex. We affirm the judgment and sentence of the District Court.

The facts are as follows: On the evening of March 3, 1974, the defendant, John G. Bautista, and Phillip...

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