State v. Thomas

The appellant, Ralph E. Thomas, was charged with assault in the first degree as delineated in Neb. Rev. Stat. § 28-308 (Reissue 1979). Upon motion by the State, the appellant’s case at trial was consolidated with the State’s lawsuits against the appellant’s two brothers, Gary Thomas and Randy Thomas. Gary and Randy’s convictions, assault in the second degree and assault in the third degree, respectively, arose out of the same incident as that which brings the appellant before this court on appeal. In the trial before a jury, the appellant was found guilty as charged and sentenced to 3 to 5…