STATE v. NERO

No. 38252.

196 N.W.2d 913 (1972)

188 Neb. 383

STATE of Nebraska, Appellee, v. Lawrence Douglas NERO, Appellant.

Supreme Court of Nebraska.

April 27, 1972.


Attorney(s) appearing for the Case

Frank B. Morrison, Sr., Public Defender, Stanley A. Krieger, Asst. Public Defender, Lincoln, for appellant.

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

Heard before SPENCER, SMITH, and NEWTON, JJ., and STUART and BUCKLEY, District Judges.


SMITH, Justice.

An information charged that Lawrence Douglas Nero had feloniously entered a dwelling in Omaha at night with intent to rob Richard Paul Floen. A jury found him guilty. On appeal the question relates to a pretrial identification by Floen from an exhibit of photographs by a police officer. The identification procedure, Nero contends, was so suggestive that the incourt identification of him by Floen constituted prejudicial error.

Floen was alone...

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