State v. Harrington

The defendant, Glenn B. Harrington, was charged with being a felon in possession of a firearm with a barrel less than 18 inches in length, in violation of Neb. Rev. Stat. § 28-1206(1) (Reissue 1989), and with being a habitual criminal. After trial to a jury, he was found guilty and was sentenced as a habitual criminal to imprisonment for 12 to 20 years, with credit for 41 days served.

The defendant has appealed and has assigned as error that (1) § 28-1206(1) is unconstitutional, (2) the trial court erred in failing to instruct the jury as requested that the State must prove the defendant’s…