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STATE v. BRUNS

No. 41659.

265 N.W.2d 210 (1978)

200 Neb. 612

STATE of Nebraska, Appellee, v. Alton Wayne BRUNS, Appellant.

Supreme Court of Nebraska.

April 12, 1978.

Attorney(s) appearing for the Case

William B. Zastera, Nebraska City, for appellant.

Paul L. Douglas, Atty. Gen., Harold I. Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

Defendant prosecutes an appeal from his conviction for assault and battery. He assigns as error the failure to grant a mistrial, the refusal to sentence him at his request without a presentence investigation, and the excessiveness of the sentence. We affirm.

Following a presentence investigation, defendant was sentenced to a term of 120 days in the county jail. On appeal to the District Court the...

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