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STATE v. SIMANTS

Nos. 40445, 40471.

236 N.W.2d 794 (1975)

194 Neb. 783

STATE of Nebraska, Appellee, v. Erwin Charles SIMANTS, Appellee, Nebraska Press Association et al., Applicants-Appellants. The STATE of Nebraska ex rel. NEBRASKA PRESS ASSOCIATION et al., Relators, v. The Honorable Hugh STUART, Judge, District Court of Lincoln County, Nebraska, Respondent, Erwin Charles Simants, Intervenor-Respondent, State of Nebraska, Intervenor-Respondent.

Supreme Court of Nebraska.

Certiorari Granted December 12, 1975.

Attorney(s) appearing for the Case

Maupin, Dent, Kay, Satterfield, Girard & Scritsmeier, North Platte, McGill, Koley & Parsonage, Omaha, for applicants-appellants.

Stephen T. McGill, McGill, Koley & Parsonage, Omaha, for relators.

Paul L. Douglas, Atty. Gen., Harold Mosher, Melvin K. Kammerlohr, Asst. Attys. Gen., Lincoln, for respondent.

Keith N. Bystom, Public Defender, Beatty, Morgan & Vyhnalek, North Platte, for intervener-respondent Simants.

Milton R. Larson, North Platte, for intervener-respondent State.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

Certiorari Granted December 12, 1975. See 96 S.Ct. 557.

PER CURIAM.

At issue in these cases is the resolution of an apparent conflict between the guarantees of the First and Sixth Amendments to the Constitution of the United States. This court is called upon to draw an accommodation between these two "preferred" amendments which will preserve the right to a fair trial without abridging freedom of the press. The issue is laid before us in case No. 40471, by...

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