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STATE v. McNAIR

Nos. 35801, 35802.

135 N.W.2d 463 (1965)

178 Neb. 763

STATE of Nebraska, Appellee, v. Rudolph McNAIR, Appellant. STATE of Nebraska, Appellee, v. Kelsey JONES, Appellant.

Supreme Court of Nebraska.

May 28, 1965.

Attorney(s) appearing for the Case

Thomas D. Carey, Wilbur L. Phillips, Omaha, for appellants.

Herbert M. Fitle, City Atty., Edward M. Stein, Deputy City Atty., Walter J. Matejka, Asst. City Atty., Charles A. Fryzek, Jr., City Prosecutor, Allen L. Morrow, Asst. City Prosecutor, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.

SPENCER, Justice.

The appellants were found guilty after a jury trial of the violation of a city ordinance of the city of Omaha, classified as disturbing an assemblage. The ordinance, No. 25.33.010, is as follows: "Loud and Indecent behavior unlawful. It shall be unlawful for any person to disturb any lawful assemblage of people or to disturb any congregation or assembly where religious worship is being held by making any noise or by loud or indecent behavior." Appellants...

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