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BIRDSLEY v. STATE

No. 33851.

74 N.W.2d 377 (1956)

161 Neb. 581

William BIRDSLEY, Plaintiff In Error, v. The STATE of Nebraska, Defendant In Error.

Supreme Court of Nebraska.

January 13, 1956.

Attorney(s) appearing for the Case

Dwight Griffiths, Auburn, Robert S. Finn, Tecumseh, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Ralph D. Nelson, Asst. Atty. Gen., Lincoln, for defendant in error.

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

CHAPPELL, Justice.

Plaintiff in error, William Birdsley, hereinafter called defendant, was charged with motor vehicle homicide under the provisions of section 28-403.01, R.S.Supp., 1953, which became effective August 27, 1949. The information charged that on September 19, 1953, defendant caused the death of Alvin Carl Steffens and Dale Bize without malice while he was engaged in the unlawful operation of a motor vehicle, and he was thereby guilty of motor vehicle...

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