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STATE v. NANCE

No. 40682.

248 N.W.2d 339 (1976)

197 Neb. 257

STATE of Nebraska, Appellant, v. Edgar L. NANCE, Appellee.

Supreme Court of Nebraska.

December 22, 1976.

Attorney(s) appearing for the Case

Donald L. Knowles, County Atty., Daniel W. Ryberg, Deputy County Atty., Omaha, for appellant.

Frank B. Morrison, Public Defender, Joseph F. Bataillon, Asst. Public Defender, Omaha, for appellee.

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

McCOWN, Justice.

The defendant was charged on three separate counts of robbery, and an habitual criminal count. He was convicted on the three robbery counts. The District Court thereafter sustained a motion to dismiss the habitual criminal charge. Leave has been granted by this court to docket error proceedings challenging that ruling under the provisions of section 29-2315.01, et seq., R.R.S.1943.

The habitual criminal charge against the defendant here was...

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