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STATE v. CLARK

No. 39907.

233 N.W.2d 898 (1975)

194 Neb. 487

STATE of Nebraska, Appellee, v. James M. CLARK, Appellant.

Supreme Court of Nebraska.

October 9, 1975.

Attorney(s) appearing for the Case

Richard Douglas McClain, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Jerold V. Fennell, Sp. Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

James M. Clark, defendant-appellant, appeals from an order of the District Court for Johnson County affirming his conviction on a charge of assault and battery and the imposition of a 30-day jail sentence by the Johnson County court.

We condense defendant's assignments of error as follows: (1) The District Court did not consider the appeal de novo, and abused its discretion in affirming sentence; (2) the sentence is excessive and inconsistent...

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