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STATE v. GOODPASTURE

No. 83-050.

338 N.W.2d 446 (1983)

215 Neb. 341

STATE of Nebraska, Appellee, v. Rosco GOODPASTURE, Appellant.

Supreme Court of Nebraska.

September 23, 1983.

Attorney(s) appearing for the Case

W. Gerald O'Kief, Valentine, for appellant.

Paul L. Douglas, Atty. Gen., and Sharon M. Lindgren, Asst. Atty. Gen., Lincoln, for appellee.

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

KRIVOSHA, Chief Justice.

The appellant, Rosco Goodpasture, appeals from a judgment entered by the District Court for Brown County, Nebraska, affirming an earlier sentence imposed by the county court of Brown County, Nebraska. We affirm.

Goodpasture was charged with assault in the third degree in violation of Neb.Rev. Stat. § 28-310 (Reissue 1979). This is a Class I misdemeanor, punishable by imprisonment in the county jail for not more than

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