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STATE v. BORN

No. 39003.

212 N.W.2d 581 (1973)

190 Neb. 767

STATE of Nebraska, Appellant, v. Rodney BORN, Appellee.

Supreme Court of Nebraska.

November 23, 1973.

Attorney(s) appearing for the Case

Andrew J. McMullen, Co. Atty., Gerald B. Buechler, Deputy Co. Atty., Kearney, for appellant.

Jeffrey L. Orr, Public Defender, Jeffrey H. Jacobsen, Deputy Public Defender, Kearney, for appellee.

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

McCOWN, Justice.

This is an error proceeding brought by the county attorney of Buffalo County after leave to docket had been granted by this court under the provisions of section 29-2315.01, R.R.S.1943. The District Court sustained a motion to dismiss the proceedings in a felony prosecution against the defendant. The grounds for the motion were that the defendant had been deprived of his right to a speedy trial.

On August 4, 1972, a complaint was filed in...

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