STATE v. BROOKS

No. 38625.

204 N.W.2d 86 (1973)

189 Neb. 592

STATE of Nebraska, Appellee, v. Sie BROOKS, Appellant.

Supreme Court of Nebraska.

February 2, 1973.


Attorney(s) appearing for the Case

J. William Gallup, Schrempp & Bruckner, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

The defendant appeals from a conviction for unlawful possession of heroin. The assignments of error relate to the ruling on a motion to suppress and misconduct of the prosecuting attorney.

On August 12, 1971, two police officers entered a residence at 1209 North 34th Street in Omaha, Nebraska. The warrant which they held to search the premises at that address did not authorize them to enter the premises without giving notice of their authority...

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