STATE v. SYPOLT

No. 41120.

254 N.W.2d 82 (1977)

198 Neb. 566

STATE of Nebraska, Appellee, v. Alva Eugene SYPOLT, a/k/a Gene Sypolt, Appellant.

Supreme Court of Nebraska.

May 25, 1977.


Attorney(s) appearing for the Case

Stephen A. Scherr, Adams County Public Defender, Hastings, for appellant.

Paul L. Douglas, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

The defendant was charged with issuing a check in the amount of $184.45 upon the State Bank of Trenton, at Trenton, Nebraska, when he knew that he had no account or deposit in the bank. Upon a plea of guilty he was sentenced to imprisonment for 3 to 5 years. He has appealed and contends the sentence is excessive.

The defendant is 27 years of age and has an arrest record commencing in 1966. He was convicted of forgery in 1967 and again in...

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