STATE v. KIRBY

No. 37969.

191 N.W.2d 162 (1971)

187 Neb. 380

STATE of Nebraska, Appellee, v. Dale T. KIRBY, Appellant.

Supreme Court of Nebraska.

October 29, 1971.


Attorney(s) appearing for the Case

E. Dean Hascall, Bellevue, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

A jury found Dale T. Kirby guilty of embezzlement. On appeal he asserts insufficiency of evidence and failure of the court to grant his pretrial request for court appointed counsel.

The information charged Kirby with embezzlement of $6,000 on July 18, 1969, from Martha Badura. Kirby, a practicing lawyer, had been administrator of the estate of Ernestine Litwin, deceased. Martha desired to pay $6,000 on a mortgage foreclosure decree that covered...

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