BOSLAUGH, Justice.
After trial to a jury the defendant, Weldon Ross, was convicted of assault by a confined person, a felony under Neb.Rev. Stat. § 28-932 (Cum.Supp.1984). At a subsequent hearing he was determined to be a habitual criminal and sentenced to 10 years' imprisonment. He has appealed and raises three assignments of error: (1) That there was insufficient evidence to support conviction; (2) That a mistrial should have been declared due to prosecutorial...
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