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STATE v. FORNEY

No. 36630.

150 N.W.2d 915 (1967)

181 Neb. 757

STATE of Nebraska, Appellant, v. Darold FORNEY, Appellee.

Supreme Court of Nebraska.

May 19, 1967.

Attorney(s) appearing for the Case

Michael V. Smith, Gordon, Lawrence E. Mitchell, Rushville, for appellant.

Fisher & Fisher, Chadron, for appellee.

Heard before SPENCER, J.

SPENCER, Justice.

This is an appeal by the State from the sustaining of a motion to suppress evidence, pursuant to section 29-824, R.R.S.1943. Briefs were filed, and arguments were heard in camera May 8, 1967.

About 3 a. m. on November 25, 1966, the deputy sheriff of Cherry County, hereinafter referred to as deputy sheriff, who lived at Merriman, Nebraska, was notified by a telephone call of a burglary in Merriman. Immediately thereafter he heard a car pass...

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