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STATE v. HOWARD

No. 40051.

233 N.W.2d 573 (1975)

194 Neb. 521

STATE of Nebraska, Appellee, v. James Wayne HOWARD, a/k/a Mark Howard, Appellant.

Supreme Court of Nebraska.

October 9, 1975.

Attorney(s) appearing for the Case

Leo M. Bayer, Alliance, 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.

WHITE, Chief Justice.

The only assignment of error in this case is the excessiveness of the defendant's sentence. The defendant was apprehended on November 26, 1974, after breaking into the Laeger Inn at Alliance, Nebraska. He was subsequently charged with burglary and with being a habitual criminal. The habitual criminal portion of the complaint charged the defendant with having been convicted on a burglary charge in 1968, and on an escape charge in 1969. Each of...

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