STATE v. MARION

No. 35332.

119 N.W.2d 164 (1963)

174 Neb. 698

STATE of Nebraska, Appellee, v. Jack MARION, Appellant.

Supreme Court of Nebraska.

January 25, 1963.


Attorney(s) appearing for the Case

O'Sullivan & O'Sullivan, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


CARTER, Justice.

The defendant, Jack Marion, was charged with the crime of murder in the second degree. The jury returned a verdict of guilty, and defendant was sentenced to a term of 15 years at hard labor in the State Penitentiary. The case is before this court for review.

The evidence shows that defendant called the police department of the city of Omaha about 2:30 a. m. on December 3, 1960, stating that his wife needed the rescue squad, and to send an...

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