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STATE v. BIRD HEAD

No. 36546.

151 N.W.2d 615 (1967)

181 Neb. 885

The STATE of Nebraska, Appellee, v. Albert BIRD HEAD, Appellant.

Supreme Court of Nebraska.

June 23, 1967.

Attorney(s) appearing for the Case

Charles A. Fisher, Charles F. Fisher, Chadron, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

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

SMITH, Justice.

Defendant has been found guilty of stealing an automobile. He assigns error in jury instructions on prima facie evidence of guilt, as the phrase is used in the second sentence of section 28-522, R.R.S.1943. The instructions read in part as follows:

"* * * the Statutes * * * provide that it shall be unlawful for any person to steal * * * an automobile * * * of any value * * *. The Statutes further...

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