STATE v. BERNTH

No. 40611.

246 N.W.2d 600 (1976)

196 Neb. 813

STATE of Nebraska, Appellee, v. Rodney BERNTH, Appellant.

Supreme Court of Nebraska.

November 3, 1976.


Attorney(s) appearing for the Case

Cunningham, Blackburn, Von Seggern & Livingston, Grand Island, for appellant.

Paul L. Douglas, 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.


NEWTON, Justice.

The defendant, on trial to the court, was convicted of possession of marijuana, and possession of marijuana with intent to distribute it. He was sentenced to 2 years probation and a fine of $150 on each count.

Two propositions are presented on appeal. Should evidence of the marijuana found pursuant to a search warrant be suppressed? Do the two counts contained in the information set out two separate offenses or is one a lesser included offense...

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