STATE v. McDONALD

No. 38099.

194 N.W.2d 183 (1972)

187 Neb. 752

STATE of Nebraska, Appellee, v. Donald George Elroy McDONALD, Appellant.

Supreme Court of Nebraska.

Rehearing Denied April 20, 1972.


Attorney(s) appearing for the Case

Brock & Seiler, Hastings, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.

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


McCOWN, Justice.

The defendant McDonald was found guilty by a jury of the crime of burglary and was sentenced by the court to 3 to 5 years imprisonment. The principal issue on appeal involves the admissibility of an in-custody statement obtained from the defendant.

The evidence implicated the defendant and another individual named Barada. While the defendant was in custody prior to trial, he was interviewed by the county attorney in the presence of a court...

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