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STATE v. SMITH

No. 37089.

167 N.W.2d 568 (1969)

184 Neb. 363

STATE of Nebraska, Appellant, v. John Wesley SMITH, Appellee.

Supreme Court of Nebraska.

May 2, 1969.

Attorney(s) appearing for the Case

R. E. Richards, County Atty., E. O. Richards, Deputy County Atty., Chappell, for appellant.

Gregory J. Beal, Ogallala, for appellee.

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

CARTER, Justice.

Defendant was charged in the district court for Deuel County with unlawfully possessing or having under his control a narcotic drug or drugs. The trial court directed a verdict of dismissal for want of sufficient evidence. This court granted the application of the county attorney to docket the proceedings for review by this court as authorized by section 29-2315.01, R.R.S.1943.

During the early morning hours of January 4, 1968, defendant was...

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