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STATE v. HOWARD

No. 39542.

225 N.W.2d 391 (1975)

193 Neb. 45

STATE of Nebraska, Appellee, v. Charles HOWARD, Appellant.

Supreme Court of Nebraska.

January 23, 1975.

Attorney(s) appearing for the Case

Leo M. Bayer, Alliance, 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, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

CLINTON, Justice.

This is an appeal from an order revoking an order of probation. The defendant had pled guilty in the county court to a charge of trespass. Section 28-588.01, R.S.Supp., 1972. He was placed on probation. The order of probation provided, among other conditions, that he should not "(d). Be found in a state of intoxication in any public place or any automobile." By motion and affidavit, the county attorney asked that the probation be revoked for violation...

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