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STATE v. FOSTER

No. 40410.

242 N.W.2d 876 (1976)

196 Neb. 332

STATE of Nebraska, Appellee, v. Curtis FOSTER, Appellant.

Supreme Court of Nebraska.

June 9, 1976.

Attorney(s) appearing for the Case

Paul E. Watts, J. Joseph McQuillan, Gerald E. Moran, Robert C. Sigler, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C.J., and SPENCER, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.

BRODKEY, Justice.

A grand jury for Douglas County, Nebraska, returned an indictment against the defendant, Curtis Foster, charging that he "did unlawfully and knowingly or intentionally possess with the intent to distribute, deliver, or dispense a controlled substance, to wit: `Heroin.'" On February 6, 1975, he was arraigned and plead not guilty. Trial was had to the court on May 15, 1975, defendant having waived a jury trial; and the court convicted Foster of the...

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