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STATE v. PRICE

No. 40932.

252 N.W.2d 165 (1977)

198 Neb. 229

STATE of Nebraska, Appellee, v. Robert PRICE, Appellant.

Supreme Court of Nebraska.

April 6, 1977.

Attorney(s) appearing for the Case

Frank B. Morrison, Douglas County Public Defender, Stanley A. Krieger, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Judy K. Hoffman, Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

The State has filed a motion for summary dismissal of this appeal, or, in the alternative, a motion for summary affirmance. The specific reason alleged is defendant's failure to file a motion for a new trial in the District Court. The State contends the filing of the motion for a new trial is mandatory and jurisdictional. The State argues that without it there is nothing for this court to review.

The public defender points out this appeal...

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