STATE v. ELLIS

No. 37131.

169 N.W.2d 267 (1969)

184 Neb. 523

STATE of Nebraska, Appellee, v. Robert ELLIS, Appellant. STATE of Nebraska ex rel. Robert ELLIS, Appellee, v. Theodore J. JANING, Sheriff of Douglas County, Nebraska, Appellant.

Supreme Court of Nebraska.

June 20, 1969.


Attorney(s) appearing for the Case

A. Q. Wolf, Lynn R. Carey, Jr., Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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


McCOWN, Justice.

The defendant, Robert Ellis, was found guilty of the crime of burglary on September 10, 1968, and sentenced to a term of 8 years. The issue on appeal is whether a delay of 43 days in holding a preliminary hearing was a violation of his right to a speedy trial guaranteed by the state and federal Constitutions.

The burglary was committed on July 13, 1968. On July 15, 1968, complaint was filed in the municipal court of the City of Omaha charging...

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