STATE v. MIDDLETON

No. 38180.

194 N.W.2d 568 (1972)

187 Neb. 821

STATE of Nebraska, Appellee, v. Gordon MIDDLETON, Appellant.

Supreme Court of Nebraska.

February 10, 1972.


Attorney(s) appearing for the Case

Joseph D. Martin, Grand Island, for appellant.

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

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


CLINTON, Justice.

The defendant was trial and convicted by a jury on charges of possession and sale of a narcotic drug, cocaine, under the pertinent provisions of sections 28-451 to 28-472.06, R.S.Supp., 1969. Said sections have since been repealed and now have been replaced by the Uniform Controlled Substances Act, sections 28-4,115 to 28-4,142, R.S.Supp., 1971. Defendant was sentenced to concurrent terms of 3 to 5 years on each count.

Three issues are raised...

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