State v. Heckathorn

The sole question involved in this case is the excess siveness of the sentence imposed on the defendant for 1 year’s incarceration as the result of a prosecution and plea of guilty to the offense of second offense petit larceny. The defendant’s contention is that he should have been granted probation. In imposing sentence and denying probation in a criminal case the judgment of the District Court will not be disturbed on appeal unless the record shows an abuse of discretion. State v. Cottone, 188 Neb. 102, 195 N. W. 2d 196. The defendant does not quarrel with the trial court’s recital into…