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STATE v. EWERT

No. 39868.

230 N.W.2d 609 (1975)

194 Neb. 203

STATE of Nebraska, Appellee, v. Robert A. EWERT, Appellant.

Supreme Court of Nebraska.

June 26, 1975.

Attorney(s) appearing for the Case

J. William Gallup, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Sp. 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 denying the motion of the defendant, filed in the original action, to vacate a conviction for violation of subsection (1)(f) of section 28-4,127, R.S.Supp., 1974. The ground for the motion is that the judgment of conviction is a nullity because the defendant was charged with having violated the statute on February 19, 1971, and that statute, which is a part of the Controlled...

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