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STATE v. EBERHARDT

No. 35490.

126 N.W.2d 197 (1964)

176 Neb. 357

STATE of Nebraska, Appellee, v. Richard EBERHARDT, Appellant.

Supreme Court of Nebraska.

February 7, 1964.

Attorney(s) appearing for the Case

Joseph Cariotto, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

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

Motion for Rehearing Overruled.

WHITE, C. J., and CARTER and MESSMORE, Justices (dissenting).

We dissent to the overruling of the motion for rehearing in this case. In the previous dissent filed in this case by CARTER, J., attention was called to the fact that there was ample direct evidence, flowing from the admissions of the defendant, to support the jury verdict of guilty. When the arresting officer asked the...

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