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STATE v. ENS

No. 39838.

229 N.W.2d 208 (1975)

193 Neb. 852

STATE of Nebraska, Appellee, v. Benjamin David ENS, Appellant.

Supreme Court of Nebraska.

May 22, 1975.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Marilyn B. Hutchinson, Sp. Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

Defendant appeals from a conviction on a plea of nolo contendere to an amended information of assault with intent to rape. Defendant was sentenced to 2 years in the Nebraska Penal and Correctional Complex. He here contends the sentence is excessive and the trial court erred in not finding him a proper subject for probation. We affirm.

Defendant was originally charged with the felony offense of incest. On September 20, 1974, pursuant to a...

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