Nebraska Supreme Court, 1966

State v. Steinhausen

State v. Steinhausen
Nebraska Supreme Court · Decided October 21, 1966 · White, Spencer, Boslaugh, Brower, Smith, McCown, Manasil
145 N.W.2d 584; 180 Neb. 778; 1966 Neb. LEXIS 603 (North Western Reporter, Second Series)

State v. Steinhausen

Opinion

Smith, J.

Defendant, having been convicted of assault with intent to commit rape, was sentenced to 2 years in the penal complex. He has appealed, contending that the district court erred in denying probation.

The evidence establishes that the contention of defendant is without merit. The action of the district court in imposing sentence and denying probation will not be disturbed on appeal unless the record shows an *779 abuse of discretion. See, § 29-2218, R. R. S. 1943; State v. Hylton, 175 Neb. 828, 124 N. W. 2d 230. There was no abuse in the present case.

The judgment is affirmed.

Affirmed.

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