State v. Davis

The defendant was charged with assaulting and resisting the sheriff of Butler County, Nebraska. The jury returned a verdict of guilty and the defendant was sentenced to imprisonment for 1 year. The defendant has appealed and contends the trial court erred in instructing the jury in the disjunctive, as the statute provides, instead of in the conjunctive as the information alleged.

The record shows that a deputy sheriff was called to Bellwood, Nebraska, on December 13, 1974, because of a tavern fight that had taken place. The deputy asked the defendant to leave the tavern and go home. The…