STATE v. CANNITO

No. 36917.

162 N.W.2d 260 (1968)

183 Neb. 575

STATE of Nebraska, Appellee, v. Joseph B. CANNITO and Edward G. Konder, Appellants.

Supreme Court of Nebraska.

November 15, 1968.


Attorney(s) appearing for the Case

Dier & Ross, Kearney, for appellants.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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


SMITH, Justice.

A jury found defendants guilty of robbery. Chief complaints on appeal concern admission of items into evidence. The items are (1) in-court identifications by witnesses in spite of their previous observations of defendants while defendants were in custody and without counsel, and (2) pistols seized in an unreasonable search, the court having applied the impeachment exception to the exclusionary rules of search and seizure.

The identifications...

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