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STATE v. ERVING

No. 39837.

228 N.W.2d 619 (1975)

193 Neb. 667

STATE of Nebraska, Appellee, v. Vastine Leon ERVING, Appellant.

Supreme Court of Nebraska.

May 1, 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., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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

BRODKEY, Justice.

On February 3, 1974, the defendant, who was incarcerated and serving a sentence in the Nebraska Penal and Correctional Complex, pushed corrections officer, Lieutenant William J. Ruhge, who was about to take him to solitary confinement as a result of institutional infractions, and also struck the officer in the eye with a fingernail clipper while defendant was resisting Lieutenant Ruhge and other officers...

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