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O'ROURKE v. STATE

No. 34439.

90 N.W.2d 820 (1958)

166 Neb. 866

John J. O'ROURKE, Plaintiff In Error, v. STATE of Nebraska, Defendant In Error.

Supreme Court of Nebraska.

June 20, 1958.

Attorney(s) appearing for the Case

Donald N. Bykerk, Lincoln, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., for defendant in error.

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

MESSMORE, Justice.

This is a criminal action brought in the district court for Lancaster County wherein the defendant John J. O'Rourke was charged in an information in substance as follows: That on or about November 1, 1957, while confined in the Nebraska State Penitentiary upon conviction of a felony, he did then and there unlawfully and feloniously break such custody and escape therefrom contrary to law. The defendant...

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