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STATE v. ADKINS

Nos. 40309 and 40310.

241 N.W.2d 655 (1976)

196 Neb. 76

STATE of Nebraska, Appellant, v. James E. ADKINS, Appellee. STATE of Nebraska, Appellant, v. Daniel J. SUTHERLAND, Appellee.

Supreme Court of Nebraska.

May 5, 1976.

Attorney(s) appearing for the Case

Raymond E. Baker, County Atty., Douglas R. Milbourn, Deputy County Atty., Columbus, for appellant.

Mark M. Sipple, Walker, Luckey, Whitehead & Sipple, Charles H. Rogers, Columbus, for appellee Adkins.

R. Steven Geshell, Robak & Geshell, Columbus, for appellee Sutherland.

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

BRODKEY, Justice.

The county attorney of Platte County has brought consolidated error proceedings pursuant to sections 29-2315.01 to 29-2316, R.R.S.1943, to test the constitutionality of subsection (1)(g) of section 28-4,127, R.S. Supp., 1974, as contained in the Nebraska Controlled Substances Act. That portion of the statute reads as follows: "(1) It shall be unlawful for any person: * * * (g) To visit or to be in any room, dwelling house, vehicle, or place where...

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