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STATE v. SWAILS

No. 40204.

238 N.W.2d 246 (1976)

195 Neb. 406

STATE of Nebraska, Appellee, v. Paul R. SWAILS, Appellant.

Supreme Court of Nebraska.

February 5, 1976.

Attorney(s) appearing for the Case

Paul E. Watts, J. Joseph McQuillan, Gerald E. Moran, Robert C. Sigler, Omaha, 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.

McCOWN, Justice.

The defendant pleaded nolo contendere to a charge of assault with intent to inflict great bodily injury. He was found guilty by the District Court and sentenced to the Division of Corrections for an indeterminate period of not less than 1 nor more than 2 years. The statutory penalty is not less than 1 year nor more than 20 years. The sole issue is the excessiveness of the sentence.

The record shows...

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