STATE v. REEDER

Nos. 38093, 38094.

195 N.W.2d 509 (1972)

188 Neb. 121

STATE of Nebraska, Appellee, v. John REEDER, Appellant (two cases).

Supreme Court of Nebraska.

March 10, 1972.


Attorney(s) appearing for the Case

George H. Moyer, Moyer & Moyer, Madison, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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


PER CURIAM.

The nature of this case and the essential facts are set forth in the opinions of CLINTON, J., and NEWTON, J., which follow. Since the court is evenly divided with three votes for each opinion and one vote for reversal without concurrence in the opinion of CLINTON, J., the judgment below is reversed and the cause remanded with directions to dismiss.

Reversed and remanded with directions.

SMITH, Justice, concurring.

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