STATE v. KLUGE

No. 40361.

241 N.W.2d 354 (1976)

196 Neb. 41

STATE of Nebraska, Appellee, v. Phillip R. KLUGE, Appellant.

Supreme Court of Nebraska.

April 28, 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., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.


NEWTON, Justice.

The defendant entered a plea of nolo contendere to a charge of entering a dwelling house in the nighttime and attempting to kill, disfigure, or maim a young girl. He received the minimum sentence of 3 years in the Nebraska Penal and Correctional Complex and has appealed on the grounds that the sentence is excessive and that he should have been placed on probation.

The defendant became intoxicated and late at night broke into the house of a...

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