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STATE v. NEAL

No. 38245.

191 N.W.2d 458 (1971)

187 Neb. 413

STATE of Nebraska, Appellant, v. Juanell NEAL, otherwise known as Nancy Woolery, et al., Appellees.

Supreme Court of Nebraska.

November 5, 1971.

Attorney(s) appearing for the Case

Gordon C. Gobel, County Atty., Fremont, for appellant.

Ray C. Simmons, Fremont, for appellees.

Clarence A. H. Meyer, Atty. Gen., Betsy G. Berger, Asst. Atty. Gen., Lincoln, amicus curiae.

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

WHITE, Chief Justice.

This is a prosecution for the unlawful possession of marijuana under the provisions of L.B. 326 (sections 28-4, 115 to 28-4, 142) enacted by the 82nd Session of the Legislature of Nebraska. The district court sustained demurrers to the informations filed against the defendants and ordered them dismissed. The State then obtained leave to docket error proceedings under section 29-2315.01, R.R.S.1943, to review the orders of the District Court....

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