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STATE v. SMITH

Nos. 38987-38989.

211 N.W.2d 415 (1973)

190 Neb. 623

STATE of Nebraska, Appellee, v. Donald SMITH, Appellant. STATE of Nebraska, Appellee, v. James H. MAI, Appellant (two cases).

Supreme Court of Nebraska.

October 12, 1973.

Attorney(s) appearing for the Case

Van Steenberg, Brower & Chaloupka, Scottsbluff, for appellants.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

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

SMITH, Justice.

The question is the authority of the District Court in a criminal prosecution to resentence a defendant after appeal to this court and affirmance of the judgment. The District Court denied motions of defendants for redetermination of their sentences, and defendants appeal.

We affirmed the judgments in these three cases in State v. Brown, 189 Neb. 297, 202 N.W.2d 585 (1972...

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