State v. Ebert

Defendant Ebert was charged under the provisions of Neb. Rev. Stat. § 28-603 (Reissue 1979) with forgery, second degree, found guilty by a jury, and sentenced to a term of not less than 18 months’ nor more than 4 years’ imprisonment. He has appealed to this court and makes the following assignments of error: (1) The court erred in denying his request for an instruction that he could be found guilty of the lesser-included offense of criminal possession of a forged instrument under the provisions of Neb. Rev. Stat. §28-604 (Reissue 1979). (2) The sentence is excessive. We affirm.

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