STATE v. LUTTRELL

No. 33708.

68 N.W.2d 332 (1955)

159 Neb. 641

STATE of Nebraska, Plaintiff in Error, v. Henry C. LUTTRELL, Defendant in Error.

Supreme Court of Nebraska.

January 28, 1955.


Attorney(s) appearing for the Case

Clarence S. Beck, Atty. Gen., Ralph D. Nelson, Asst. Atty. Gen., James G. Mcintosh, North Platte, for plaintiff in error.

Rush C. Clarke, North Platte, John P. O'Brien, Lincoln, for defendant in error.

Robt. E. Powell, Lincoln, amicus curiae.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


BOSLAUGH, Justice.

Henry C. Luttrell, called defendant herein, was charged in the district court with operating an overloaded vehicle on the highways in Lincoln County. The trial to the court without a jury, by stipulation of the parties, resulted in a finding and judgment that defendant was not guilty of the charge against him and that he should be and was discharged. The county attorney and the Attorney General excepted to the decision and by this proceeding challenge...

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