STATE v. MYERS

No. 38683.

206 N.W.2d 851 (1973)

190 Neb. 146

STATE of Nebraska, Appellee, v. Dale (Spike) MYERS, Appellant.

Supreme Court of Nebraska.

April 27, 1973.


Attorney(s) appearing for the Case

Charles A. Fisher, Chadron, 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.


CLINTON, Justice.

The defendant was found guilty by a jury of two separate charges of distributing and delivering a controlled substance, namely, lysergic acid diethylamide, and was sentenced to a term of 16 months on each count, the sentences to run concurrently.

The errors assigned on appeal are: (1) Denial of motion for a continuance during trial; (2) admission of a tape recording of a conversation between the defendant and an undercover agent who was the...

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