STATE v. ERVING

No. 36200.

146 N.W.2d 216 (1966)

180 Neb. 824

STATE of Nebraska, Appellee, v. Jerome ERVING, Jr., Appellant.

Supreme Court of Nebraska.

November 11, 1966.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Fred J. Montag, Michael McCormack, Bennett G. Hornstein, Lynn R. Carey, Jr., Asst. Public Defenders, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and NEWTON, District Judge.


BOSLAUGH, Justice.

The defendant, Jerome Erving, Jr., was convicted of murder in the perpetration of a robbery and sentenced to life imprisonment. His motion for new trial was overruled and he has appealed.

The robbery took place at the Sip'N-Chin Bar in Omaha, Nebraska, on August 18, 1964. The record shows that defendant and Deborah Boston entered the bar at about 9 p. m. Shortly thereafter, Nathaniel Hall entered the bar and shot and killed the bartender...

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