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STATE v. WATERS

No. 37635.

182 N.W.2d 214 (1970)

186 Neb. 257

STATE of Nebraska, Appellee, v. Eugena A. WATERS, Appellant.

Supreme Court of Nebraska.

December 23, 1970.

Attorney(s) appearing for the Case

Peter Burrill Beekman, Falls City, David E. Gregory, Pawnee City, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, 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 on Count 1 of burglarizing a gas station and not guilty on Count 2 of burglarizing a fertilizer company. He appeals. One complaint is that waiver of objections to evidence resulted in a miscarriage of justice.

The information alleged that both offenses occurred at or near Table Rock on November 22, 1969. Property taken from the gas station was $158 in paper money, checks, and coins, and 7 or 8 salted nut roll candy...

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