State v. Wade

White, C. <7.

In a prosecution for forcible rape the defendant was sentenced to an indeterminate period of 7 to 10 years. The sole question presented here is the excessiveness of the sentence. We affirm the judgment and sentence of the District Court.

If the sentence imposed is within the statutory limits it will not be disturbed by this court on appeal in the absence of an abuse of judicial discretion. State v. Merrick, 192 Neb. 157, 219 N. W. 2d 232. The statutory penalty, fixed at 3 to 50 years imprisonment, indicates a legislative determination of the very serious nature of this type of…