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STATE v. FOWLER

No. 41882.

271 N.W.2d 341 (1978)

201 Neb. 647

STATE of Nebraska, Appellee, v. Richard E. FOWLER, Appellant.

Supreme Court of Nebraska.

November 8, 1978.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender and Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

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

BRODKEY, Justice.

This is the second appearance of this case in the Supreme Court. In 1975, we sustained the defendant's conviction by the jury for the crime of embezzlement, and also, at a subsequent hearing, of being a habitual criminal. The court sentenced the defendant at that time to a term of not less than 10 nor more than 15 years in the Nebraska Penal and Correctional Complex. Our opinion following that appeal, as well as the underlying facts of the case,...

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