State v. Sheets

The defendant was found guilty by a jury of shooting with intent to kill, wound, or maim. The court found him guilty of being an habitual criminal. He was sentenced to imprisonment for 16% to 25 years. The issue on appeal is whether or not the sentence was excessive.

The presentence investigation report discloses a record of offenses committed by the defendant beginning in 1942 when he was 11 years old. He was committed to the Boys Training School in Kearney on more than one occasion. His military service in the early 1950’s was marked by a sentence of 5 years in the United States Disciplinary…