STATE v. VRCHOTA

No. 81-901.

324 N.W.2d 394 (1982)

212 Neb. 578

STATE of Nebraska, Appellee, v. Elmer Dean VRCHOTA, also known as Pablo Vrchota, Appellant.

Supreme Court of Nebraska.

September 17, 1982.


Attorney(s) appearing for the Case

Vincent M. Powers, Lincoln, for appellant.

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

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ.


PER CURIAM.

The defendant appeals from a sentence to imprisonment for 1½ to 4 years for theft. The sole assignment of error is the refusal of the trial court to grant a mistrial.

Following a party at his apartment, the victim, Joseph Bell, was beaten, tied up, and robbed of $502. Although the evidence is in conflict as to the defendant's participation in the crime, it is clear from the record that the defendant was present and received a part of the ...

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