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SMITH v. STATE

Nos. 34517, 34604.

99 N.W.2d 8 (1959)

169 Neb. 199

George SMITH, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

November 6, 1959.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, Donald W. Pederson, Frank E. Piccolo, Jr., James E. Schneider, North Platte, for plaintiff in error.

C. S. Beck, Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for defendant in error.

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

YEAGER, Justice.

In this opinion two proceedings in error from the district court will be considered and a determination made in each of them. As to the first of these, No. 34517, in the district court for Keith County, Nebraska, George Smith, plaintiff in error herein, who will be referred to hereinafter as defendant, was charged by the State of Nebraska by information with five criminal offenses of burglary. The State of Nebraska is defendant in error and it will...

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