[Download] "State Nebraska v. Elmer L. Loschen" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Elmer L. Loschen
- Author : Supreme Court of Nebraska
- Release Date : January 22, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
These four consolidated cases arise from the nolo contendere pleas of defendant, Elmer L. Loschen, to four separate charges of theft by deception, each in a different county. He was thereupon adJudged guilty in each instance and thereafter sentenced to imprisonment for a term of not less than 20 months nor more than 5 years on each offense, the sentences to be served consecutively. The issues raised by defendant's assignments of error are (1) whether his prosecution for theft by deception was legal, claiming that another criminal statute better fits his conduct; (2) whether there was a lack of a factual basis upon which to accept his nolo contendere pleas; and (3) whether his sentence is either (a) cruel and unusual or (b) excessive. We affirm. Defendant had been a grain buyer for approximately 9 years, hauling the grain he purchased in his own trucks. He was bonded for $32,000. When defendant's bank, in January of 1984, refused to extend any further credit, defendant became unable to pay for the grain he had purchased from various farmers and then sold.
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