State v. DeBerry

The defendant was charged and jury convicted of shooting with intent to kill, wound, or maim; § 28-410, R. R. S. 1943. The defendant was sentenced to an indeterminate term of 3 to 5 years in the Nebraska Penal and Correctional Complex. His contentions on appeal are that the court refused to instruct the jury of the lesser included offense of assault and battery and that his indeterminate sentence was erroneous. We affirm the judgment and sentence of the District Court.

The defendant’s first contention is that the court should have instructed upon the lesser included offense of assault and…