STATE v. BOTTS

No. 37029.

165 N.W.2d 358 (1969)

184 Neb. 78

STATE of Nebraska, Appellee, v. James Edward BOTTS, Appellant.

Supreme Court of Nebraska.

February 28, 1969.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Lynn R. Carey, Jr., Asst. Public Defender, Fred J. Montag, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, and NEWTON, JJ., and HASTINGS, District Judge.


SPENCER, Justice.

Defendant has perfected an appeal from a conviction of the crime of robbery.

A few minutes after midnight on January 3, 1968, Leroy A. Desmond, the night manager and cashier for the Easy Parking Garage at the Redick Tower in Omaha was talking to his wife on the telephone. A man identified as the defendant came up to him and said: "`There's two things you can do right now, hang up that phone and empty that cash register.'" After complying...

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