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STATE v. BLACK

No. 40093.

238 N.W.2d 231 (1976)

195 Neb. 366

STATE of Nebraska, Appellee, v. David C. BLACK, Appellant.

Supreme Court of Nebraska.

February 5, 1976.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Steven C. Smith, Special Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Chief Justice.

Defendant was charged and found guilty under section 28-531.02, R.R.S.1943, with breaking and entering a parked motor vehicle in Omaha, Nebraska. On March 14, 1975, the court sentenced the defendant to an indeterminate term of 1 to 2 years' imprisonment in the Nebraska Penal and Correctional Complex. The sole assignment of error is that the District Court erroneously sentenced the defendant to an indeterminate...

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