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STATE v. WALLEN

No. 37352.

173 N.W.2d 372 (1970)

185 Neb. 44

STATE of Nebraska, Appellee, v. Edward D. WALLEN, Appellant.

Supreme Court of Nebraska.

January 6, 1970.

Attorney(s) appearing for the Case

Kerrigan, Line & Martin, Fremont, 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.

CARTER, Justice.

Defendant was charged with the offense of keeping gaming devices for the purpose of playing a game of chance for money. A jury was waived and defendant was found guilty by the court and sentenced to pay a fine of $400 and costs. Defendant has appealed.

The evidence shows that on August 14, 1968, guards at the Schribner Air Base reported to the Nebraska State Patrol that an intoxicated motorist with...

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