STATE v. RUGGIERE

No. 36289.

146 N.W.2d 373 (1966)

180 Neb. 869

STATE of Nebraska, Appellant, v. William Michael RUGGIERE, Appellee.

Supreme Court of Nebraska.

November 18, 1966.


Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Walter J. Matejka, John B. Abbott, Raymond E. Gaines, Gary P. Bucchino, Richard L. Dunning, John A. Gutowski, Charles A. Fryzek, Omaha, for appellant.

McGowan & Troia, Omaha, for appellee.

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


SMITH, Justice.

In the exercise of appellate jurisdiction over minor offenses the district court denied the State permission to file a new complaint. The complaint was dismissed on demurrer, and the county attorney has taken exceptions.

The State had commenced the prosecution in the municipal court of Omaha. The complaint contained the following allegation: Defendant had operated a motor vehicle on May 25, 1964, "during any period that his operator's license...

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