STATE v. ESKEW

No. 39343.

218 N.W.2d 898 (1974)

192 Neb. 76

STATE of Nebraska, Appellee, v. Larry T. ESKEW, Appellant.

Supreme Court of Nebraska.

June 6, 1974.


Attorney(s) appearing for the Case

Thomas A. Wagoner, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Steven C. Smith, Sp. Asst. Atty. Gen., Lincoln, for appellee.

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


McCOWN, Justice.

The defendant was convicted of burglary and adjudged an habitual criminal. He was sentenced to 20 years in the penal complex.

The facts which affect the critical issues in this case occurred before the jury was sworn and before any evidence was introduced. A brief chronological reference is advisable. The information was filed on August 2, 1973, and on September 12, 1973, trial was set for September 17, 1973. On September 13, 1973, the defendant...

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