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STATE v. HEGWOOD

No. 42028.

275 N.W.2d 605 (1979)

202 Neb. 379

STATE of Nebraska, Appellee, v. James S. HEGWOOD, Appellant.

Supreme Court of Nebraska.

February 20, 1979.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, Stanley A. Krieger, Daniel K. Powers, Asst. Public Defenders, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Marilyn B. Hutchinson, Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Justice.

This is an appeal from a conviction for the offense of robbery. The defendant was sentenced to a term of from 6 to 10 years in the Nebraska Penal and Correctional Complex. The defendant appeals.

The defendant alleges the trial court committed reversible error in failing to instruct the jury on the lesser-included offense of larceny from the person and/or petit larceny. We reverse and remand for a new trial.

The state's version of the...

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