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STATE v. SWIGART

No. 88-448.

446 N.W.2d 216 (1989)

233 Neb. 517

STATE of Nebraska, Appellee v. David SWIGART, Appellant.

Supreme Court of Nebraska.

September 29, 1989.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Joseph D. Nigro, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Yvonne E. Gates, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

A jury in the district court for Lancaster County convicted David Swigart of first degree assault, which is defined by Neb.Rev.Stat. § 28-308(1) (Reissue 1985): "A person commits the offense of assault in the first degree if he [or she] intentionally or knowingly causes serious bodily injury to another person." Neb.Rev. Stat. § 28-109(20) (Reissue 1985) provides: "Serious bodily injury shall mean bodily injury which involves a substantial...

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