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STATE v. MADSEN

No. 87-025.

414 N.W.2d 280 (1987)

226 Neb. 722

STATE of Nebraska, Appellee, v. Neal P. MADSEN, Appellant.

Supreme Court of Nebraska.

October 23, 1987.

Attorney(s) appearing for the Case

John P. Heitz of Cronin, Symonds & Heitz, O'Neill, for appellant.

Robert M. Spire, Atty. Gen., and James H. Spears, Lincoln, for appellee.

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

WHITE, Justice.

Appellant, Neal P. Madsen, was found guilty by a jury in Holt County of the offense of assault in the second degree (Neb.Rev.Stat. § 28-309 (Reissue 1985)), i.e., intentionally or knowingly causing bodily injury to another with a dangerous instrument. Assault in the second degree is a Class IV felony. The penalty prescribed for a Class IV felony (Neb.Rev.Stat. § 28-105 (Reissue 1985)) is "[m]aximum...

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