STATE v. DAVIS

No. 40239.

237 N.W.2d 885 (1976)

195 Neb. 361

STATE of Nebraska, Appellee, v. Gary Lee DAVIS, Appellant.

Supreme Court of Nebraska.

January 29, 1976.


Attorney(s) appearing for the Case

Walker, Luckey, Whitehead & Sipple, Mark M. Sipple, Columbus, for appellant.

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

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


BOSLAUGH, Justice.

The defendant was charged with assaulting and resisting the sheriff of Butler County, Nebraska. The jury returned a verdict of guilty and the defendant was sentenced to imprisonment for 1 year. The defendant has appealed and contends the trial court erred in instructing the jury in the disjunctive, as the statute provides, instead of in the conjunctive as the information alleged.

The record shows that a deputy sheriff was called to Bellwood...

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