STATE v. MINOR

No. 38204.

195 N.W.2d 155 (1972)

188 Neb. 23, 330

STATE of Nebraska, Appellee, v. Freddie MINOR, Appellant.

Supreme Court of Nebraska.

Rehearing Denied April 14, 1972.


Attorney(s) appearing for the Case

Schrempp & Bruckner, J. William Gallup, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Betsy G. Berger, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

This appeal by defendant, Freddie Minor, from his conviction on a charge of possession of a depressant drug, presents only questions of law. As phrased by the defendant, they are as follows: "1. Whether the prosecution has the burden of proving the defendant does not come within the exceptions in a criminal statute. * * * 2. Whether a judge at the time of sentencing can consider hearsay statements of the...

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