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STATE v. WHIPPLE

No. 38688.

204 N.W.2d 572 (1973)

189 Neb. 723

STATE of Nebraska, Appellee, v. Mervin WHIPPLE, Appellant.

Supreme Court of Nebraska.

March 2, 1973.

Attorney(s) appearing for the Case

Charles F. Fitzke, James T. Hansen, Gering, 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.

McCOWN, Justice.

The defendant has appealed from an order of the district court overruling his motion for a new trial upon the ground of newly discovered evidence.

The defendant was originally convicted on one count of assault and battery and one count of assault with intent to commit robbery. The convictions were affirmed on appeal to this court. See State v. Whipple, 189 Neb. 259

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