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DELAY v. BRAINARD

No. 36594.

156 N.W.2d 14 (1968)

182 Neb. 509

Elaine DELAY, Appellee, v. Homer BRAINARD, Sheriff of Dodge County, Nebraska, Appellant.

Supreme Court of Nebraska.

January 26, 1968.

Attorney(s) appearing for the Case

Richard L. Kuhlman, County Atty., Fremont, for appellant.

Harry E. Stevens, Fremont, for appellee.

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

SPENCER, Justice.

Relator, who was charged with the crime of manslaughter, was granted a writ of habeas corpus against the respondent, the sheriff of Dodge County, Nebraska, who prosecutes this appeal.

Relator contended the evidence introduced at the preliminary hearing before a justice of the peace was insufficient to show that a crime was committed, and further there was no probable cause to believe she committed...

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