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STATE v. STEWART

No. 40144.

236 N.W.2d 834 (1975)

195 Neb. 90

STATE of Nebraska, Appellee, v. Fred Edward STEWART, Appellant.

Supreme Court of Nebraska.

December 24, 1975.

Attorney(s) appearing for the Case

John J. Battershell, Cunningham Law Office, P.C., McCook, for appellant.

Paul L. Douglas, Atty. Gen., Patrick T. O'Brien, Sp. Asst. Atty. Gen., Lincoln, for appellee.

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

NEWTON, Justice.

The defendant was charged with breaking and entering with intent to steal. After a preliminary hearing he was held for trial. He then moved that the transcript of the preliminary hearing be suppressed, the information quashed, and the case remanded for a preliminary hearing. The information had been filed on July 25, 1974. The motions were filed on September 16, 1974, and on that date a copy of the information was served on the defendant. The defendant...

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