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HEYWOOD v. BRAINARD

No. 36384.

147 N.W.2d 772 (1967)

181 Neb. 294

Larry J. HEYWOOD, Appellee, v. Homer BRAINARD, Sheriff of Dodge County, Nebraska, Appellant.

Supreme Court of Nebraska.

January 17, 1967.

Attorney(s) appearing for the Case

Richard L. Kuhlman, Fremont, for appellant.

Kerrigan, Line & Martin, Fremont, for appellee.

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

SPENCER, Justice.

This is an appeal from an order in a habeas corpus action releasing the petitioner from custody and determining that section 60-430.02, R.S.Supp., 1965, is unconstitutional.

Petitioner was held in custody by Homer Brainard, sheriff of Dodge County, on a complaint which alleged in part as follows: "* * * Larry J. Heywood, on or about the 23rd day of April, A.D.1966, in the County of Dodge, and State of Nebraska, then and there being, was then...

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