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STATE v. SWILLIE

No. S-91-123.

484 N.W.2d 93 (1992)

STATE of Nebraska, Appellee, v. Herbert D. SWILLIE, Appellant.

Supreme Court of Nebraska.

May 22, 1992.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Brian S. Munnelly, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Donald A. Kohtz, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

GRANT, Justice.

Following a jury trial in the district court for Douglas County, defendant, Herbert D. "Willie" Swillie, was convicted of assault in the first degree, in violation of Neb.Rev.Stat. § 28-308 (Reissue 1989), and sentenced to 2 to 3 years in prison, with credit given for time served. Defendant timely appealed, assigning a single error: "The District Court committed reversible error by denying the Defendant's motion for a mistrial based on statements...

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