STATE v. HAYNES

No. 37563.

182 N.W.2d 199 (1970)

186 Neb. 238

STATE of Nebraska, Appellee, v. Willie Brooks HAYNES, Appellant.

Supreme Court of Nebraska.

December 23, 1970.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. C. Sheldon, 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 defendant guilty of robbery and of using a firearm in commission of a felony. He asserts through counsel appointed on appeal that (1) testimony identifying him in a police lineup violated his right to counsel, and (2) newly discovered evidence entitled him to a new trial.

The New Tower Motel in Omaha was robbed shortly after 2:30 a. m., September 4, 1969, by four Negro males. The motel desk clerk, Carl Lundberg, testified as follows...

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