STATE v. MACKEY

No. 41550.

264 N.W.2d 430 (1978)

200 Neb. 549

STATE of Nebraska, Appellee, v. Emmett Lee MACKEY, Appellant.

Supreme Court of Nebraska.

April 5, 1978.


Attorney(s) appearing for the Case

Ronald G. Sutter, Beatrice, 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, BRODKEY, and WHITE, JJ., and KUNS, Retired District Judge.


KUNS, Retired District Judge.

The defendant, Emmett Lee Mackey, was convicted of the felonious entry of a cafeteria in Gage County, Nebraska. He has appealed from the order overruling his motion for new trial. He assigns errors in the proceedings, as follows: (1) That section 28-533, R.R.S.1943, is unconstitutional; (2) that his court appointed counsel was inadequate; (3) that the evidence was insufficient to support the verdict; (4) that the trial court failed to...

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