HASTINGS, Justice.
Defendant, Craig A. Duis, was convicted by a jury of assault in the second degree, a violation of Neb.Rev.Stat. § 28-309 (Reissue 1979), which is a Class IV felony. Specifically, he was charged under subsection (1)(a): "Intentionally or knowingly causes bodily injury to another person with a dangerous instrument." He was sentenced to a term of imprisonment of 1 year in the Nebraska Penal and Correctional Complex. His motion for a new trial...
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