State v. Duis

Defendant, Craig A. Duis, was convicted by a jury of assault in the second degree, a violation of Neb. Rev. Stat. § 28-309 (Reissue 1979), which is a Class IV felony. Specifically, he was charged under subsection (1) (a): “Intentionally or knowingly causes bodily injury to another person with a dangerous instrument.” He was sentenced to a term of imprisonment of 1 year in the Nebraska Penal and Correctional Complex. His motion for a new trial was overruled and he has appealed to this court, assigning as errors that the District Court: (1) Failed to sustain his motion to dismiss because of…