STATE v. MARTIN

No. 38785.

206 N.W.2d 856 (1973)

190 Neb. 212

STATE of Nebraska, Appellee, v. Melvin MARTIN, Appellant.

Supreme Court of Nebraska.

May 4, 1973.


Attorney(s) appearing for the Case

Les Seiler, Hastings, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

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


SMITH, Justice.

Melvin Martin was charged with the offense of receiving stolen copper of the value of more than $100 and with being a habitual criminal. A jury found him guilty of the offense, and the court sentenced him as a habitual criminal. He appeals.

Martin assigns for error (1) the denial of his motion to strike all the testimony of a prosecution witness, Ned Nelson, who admitted larceny of the copper, (2) insufficiency of the evidence to sustain the...

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