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STATE v. FAIRCLOTH

No. 36385.

148 N.W.2d 187 (1967)

181 Neb. 333

STATE of Nebraska, Appellant, v. Dwight Edwin FAIRCLOTH, James Allen Oram and Larry Dale Martin, Appellees.

Supreme Court of Nebraska.

February 3, 1967.

Attorney(s) appearing for the Case

R. E. Richards, County Atty., E. O. Richards, Deputy County Atty., Chappell, for appellant.

Wm. S. Padley, Ogallala, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and WEAVER, District Judge.

BOSLAUGH, Justice.

The defendants, Dwight Edwin Faircloth, James Allen Oram, and Larry Dale Martin, were charged with unlawful possession and control of narcotics in violation of section 28-452, R.R.S.1943. At the close of the State's evidence the defendants' motion to dismiss for want of sufficient evidence was sustained by the trial court.

Application was then made to this court by the State, pursuant to section 29-2315.01, R.R.S.1943, and leave to docket...

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