State v. Bruns

Defendant prosecutes an appeal from his conviction for assault and battery. He assigns as error the failure to grant a mistrial, the refusal to sentence him at his request without a presentence investigation, and the excessiveness of the sentence. We affirm.

Following a presentence investigation, defendant was sentenced to a term of 120 days in the county jail. On appeal to the District Court the conviction was upheld but the sentence was reduced to a term of 60 days in the county jail.

The charge is the result of an altercation which occurred in a Nebraska City tavern. The evidence shows…