STATE v. NOLL

No. 34918.

108 N.W.2d 108 (1961)

171 Neb. 831

STATE of Nebraska, Appellee, v. Donald NOLL, Appellant.

Supreme Court of Nebraska.

March 10, 1961.


Attorney(s) appearing for the Case

Robert E. Otte, Norfolk, for appellant.

T. L. Grady, County Atty., Stanton, Clarence A. H. Meyer, Atty. Gen., Dwain L. Jones, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

This is an action for the release of a sexual psychopath pursuant to the written recommendation of the superintendent of the Lincoln State Hospital.

Appellant, hereinafter called defendant, appeals from an order denying his release. Defendant raises three issues. First, that the statute only gives the court the discretion to release or put him on probation, and that it does not have authority to recommit him. Second, if the court does have...

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