STATE v. SWILLIE

No. 84-233.

357 N.W.2d 212 (1984)

218 Neb. 551

STATE of Nebraska, Appellee, v. Timothy B. SWILLIE, Appellant.

Supreme Court of Nebraska.

October 26, 1984.


Attorney(s) appearing for the Case

Donald W. Kleine, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and L. Jay Bartel, Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ., and COLWELL, D.J., Retired.


BOSLAUGH, Justice.

After trial to a jury the defendant, Timothy B. Swillie, was convicted of assault in the first degree and use of a firearm in the commission of a felony. He was sentenced to imprisonment for 4 to 8 years on count I, and to imprisonment for 2 years on count II, the sentences to run consecutively. He has appealed, and contends the trial court erred in permitting a rebuttal witness called by the State to testify over objection and that the sentences...

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