STATE v. LINN

No. 39569.

224 N.W.2d 539 (1974)

192 Neb. 798

STATE of Nebraska, Appellant, v. Hubert Yale LINN, Appellee.

Supreme Court of Nebraska.

December 26, 1974.


Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., Gary P. Bucchino, City Prosecutor, Richard J. Epstein, Asst. City Prosecutor, Omaha, for appellant.

Charles O. Forrest of Kneifl, Kneifl & Byrne, Omaha, for appellee.

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


NEWTON, Justice.

This is an error proceeding brought by a special deputy county attorney of Douglas County. The defendant was originally convicted of violations of the ordinances of the city of Omaha. A new trial was granted and the error proceeding was brought to test the correctness of the order granting a new trial. We affirm.

This proceeding must be dismissed for two reasons. First, a final order has not been entered. "Under the terms of section 29-2315...

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