STATE v. McCOWN

No. 38567.

204 N.W.2d 85 (1973)

189 Neb. 576

STATE of Nebraska, Appellee, v. John L. McCOWN, Appellant.

Supreme Court of Nebraska.

January 26, 1973.


Attorney(s) appearing for the Case

Dalke, Carlson & Thompson, Dean Dalke, Gary Thompson, Beatrice, for appellant.

Clarence A. H. Meyer, Atty. Gen., Chauncey C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

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


CLINTON, Justice (dissenting).

I dissent from that portion of the court's opinion dealing with the denial of the request of defendant's counsel to examine for purposes of possible impeachment a previous statement of the accomplice Haynes who had been granted immunity by the State and called as a prosecution witness. I would hold that there was an abuse of discretion by the trial court.

The majority opinion on the above issue rests its conclusion upon a claimed...

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