STATE v. WADE

No. 39627.

227 N.W.2d 400 (1975)

193 Neb. 365

STATE of Nebraska, Appellee, v. Edward WADE, Appellant.

Supreme Court of Nebraska.

March 27, 1975.


Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Stanley A. Krieger, Bennett G. Hornstein, Asst. Public Defenders, Omaha, for appellant.

Clarence A. H. Meyer, 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.

In a prosecution for forcible rape the defendant was sentenced to an indeterminate period of 7 to 10 years. The sole question presented here is the excessiveness of the sentence. We affirm the judgment and sentence of the District Court.

If the sentence imposed is within the statutory limits it will not be disturbed by this court on appeal in the absence of an abuse of judicial discretion. State v. Merrick, 192 Neb. 157...

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