State v. Dovel

Defendant was charged with feloniously receiving stolen property over the value of $100, knowing the some to have been stolen, and with the intent of fraudulently depriving the owner thereof. He was convicted by a jury of the charge and sentenced to a term of 1 year in the Nebraska Penal and Correctional Complex. The statutory penalty for the offense is not more than 7 nor less than 1 year. § 28-508, R. R. S. 1943.

The error assigned on this appeal is that the trial court abused its discretion in imposing such sentence. It is urged that probation would be appropriate because the defendant is…