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STATE v. STAPLETON

No. 38104.

193 N.W.2d 284 (1971)

187 Neb. 628

STATE of Nebraska, Appellee, v. James STAPLETON, Appellant.

Supreme Court of Nebraska.

December 30, 1971.

Attorney(s) appearing for the Case

Joseph D. Martin, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

BOSLAUGH, Justice.

The defendant pleaded guilty to unlawful possession of heroin and was sentenced to 2 years' imprisonment. The defendant appeals, claiming that his plea was invalid.

Apparently the offense was committed on March 1, 1971, while the defendant was in custody in Grand Island, Nebraska. The defendant contends that because he was a narcotics addict and received methadone for only "a few nights" while he was confined in the jail, he was incapable...

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