STATE v. CUNNINGHAM

No. 37397.

176 N.W.2d 732 (1970)

185 Neb. 488

STATE of Nebraska, Appellee, v. Chester Paul CUNNINGHAM, Appellant.

Supreme Court of Nebraska.

May 1, 1970.


Attorney(s) appearing for the Case

Robert C. Guinan, 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.


BOSLAUGH, Justice.

The defendant was charged with auto theft in violation of section 28-522, R.R.S.1943. He waived preliminary hearing and was brought before the district court on December 23, 1968. The record shows that at that time the defendant appeared with private counsel and entered a plea of guilty. The judgment entered on this plea was vacated by the district court on its own motion and a plea of not guilty entered for the defendant.

The case was set...

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