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STATE v. HOLIDAY

No. 36611.

155 N.W.2d 378 (1967)

182 Neb. 410

STATE of Nebraska, Appellee, v. Charles E. HOLIDAY, Appellant.

Supreme Court of Nebraska.

December 29, 1967.

Attorney(s) appearing for the Case

Richard M. Duxbury, David L. Crawford, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

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

CARTER, Justice.

This case is presently before the court on a motion for rehearing. On November 3, 1967, we released our opinion in this case, holding that in a proceeding to revoke an order of probation where sentence had not been previously imposed, "no formal trial is required nor is the assignment or presence of counsel required, although the probationer may appear by counsel if he so desires." State v. Holiday, 182 Neb. 229,...

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