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STATE v. CUNNINGHAM

No. 39698.

228 N.W.2d 275 (1975)

193 Neb. 566

STATE of Nebraska, Appellee, v. Ricky D. CUNNINGHAM, Appellant.

Supreme Court of Nebraska.

April 24, 1975.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Stanley A. Krieger, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

BOSLAUGH, Justice.

The defendant was convicted of grand larceny upon a plea of guilty and sentenced to imprisonment for 1 year. He has appealed and contends the sentence was excessive. A presentence report did not accompany the record. However, the defendant's brief contains a statement of facts accepted by the State.

The theft occurred on January 10, 1974. The defendant was employed by the Nebraska Furniture Mart and participated in the larceny of a color...

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