State v. Stock

From a maximum sentence of 10 years for man slaughter, the defendant appeals. § 28-403, R. R. S. 1943. The only question presented is the excessiveness of the sentence. We affirm the judgment and sentence of the district court.

The facts are that the defendant deliberately assaulted his 20-month old daughter in the middle of the night in an attempt to stop her from crying and that the blows on the chest and back resulted almost immediately in her death. The defendant was charged with first degree murder. He was represented by counsel. Later the charge was reduced to manslaughter and the…