State v. Ross

After trial to a jury the defendant, Weldon Ross, was convicted of assault by a confined person, a felony under Neb. Rev. Stat. § 28-932 (Cum. Supp. 1984). At a subsequent hearing he was determined to be a habitual criminal and sentenced to 10 years’ imprisonment. He has appealed and raises three assignments of error: (1) That there was insufficient evidence to support conviction; (2) That a mistrial should have been declared due to prosecutorial misconduct; and (3) That defendant should have received credit for presentence jail time.

On March 27,1984, while confined to the Lancaster County…