STATE v. McFARLAND

No. 40177.

238 N.W.2d 237 (1976)

195 Neb. 395

STATE of Nebraska, Appellee, v. John McFARLAND, Appellant.

Supreme Court of Nebraska.

February 5, 1976.


Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

This is an appeal from an order revoking the defendant's probation. After pleading nolo contendere to burglary, the defendant was placed on probation for 2 years on February 27, 1974.

On January 14, 1975, a notice of violation of probation was served on the defendant. The notice fixed January 16, 1975, as the date for a preliminary hearing in the county court. A preliminary hearing was held on that date and the defendant was bound over....

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