NELSON v. STATE

No. 34456.

94 N.W.2d 1 (1959)

167 Neb. 575

Elvin L. NELSON, Plaintiff in Error, v. The STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

January 9, 1959.


Attorney(s) appearing for the Case

Thomas J. Sheehan, Jr., Omaha, for plaintiff in error.

Clarence S. Beck, Atty. Gen., John E. Wenstrand, Asst. Atty. Gen., for defendant in error.

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


SIMMONS, Chief Justice.

This appeal presents the questions of the legal sufficiency of an information purporting to charge the uttering of a forged instrument under the provisions of section 28-601, R.R.S.1943, and whether that question may be raised in this court for the first time on appeal.

We herein refer to the plaintiff in error as defendant, and to the defendant in error as the State.

The information charged that defendant "did, with the intent...

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