State v. Pierce

This is an appeal from a jury conviction of unlawfully delivering a controlled substance, amphetamines, under section 28-4,125, R. R. S. 1943; a finding that defendant was an habitual criminal under the provisions of section 29-2221, R. R. S. 1943; a sentence of 12 years imprisonment in the Nebraska Penal and Correctional Complex; and an overruling of defendant’s amended motion for new trial.

Defendant was charged in an amended information, count I, that on or about June 7, 1978, he unlawfully assaulted Kirk Cross with intent to inflict great bodily injury contrary to section 28-413, R. R. S.…