(DOWNLOAD) "State Nebraska v. George Joseph Bartlett" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. George Joseph Bartlett
- Author : Court of Appeals of New York
- Release Date : January 09, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The defendant, Bartlett, was found guilty by a jury of knowingly or intentionally possessing heroin with intent to deliver. After the verdict, he was found guilty by the court on a second count of being a habitual criminal and was sentenced to a term of 20 to 30 years in the Nebraska Penal and Correctional Complex. On appeal he assigns as error the following: (1) He did not receive a fair trial because the prosecution intentionally and deliberately attempted to establish an association of the defendant with persons known or reputed to be dealers in controlled substances. (2) The court erred in overruling a pretrial motion of the defendant asking the court to prohibit the prosecutor from questioning the defendant concerning a large sum of cash purportedly found in the defendants home at about the time of the offense charged. (3) The court erred in refusing to give a requested instruction that the jury insist on clear and convincing proof that defendant had the controlled substance in his possession. (4) The habitual criminal statute is unconstitutional. (5) The sentence is excessive. (6) The evidence was insufficient to sustain the verdict. We affirm.
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