STATE v. FRENCH

No. 41212.

262 N.W.2d 711 (1978)

200 Neb. 137

STATE of Nebraska, Appellee, v. Lindsay A. FRENCH, Appellant.

Supreme Court of Nebraska.

February 22, 1978.


Attorney(s) appearing for the Case

Kirk E. Naylor, Jr. of Naylor & Keefe, Lincoln, 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.

Appellant, Lindsay A. French, appeals from the denial of his motion for a new trial on the ground of newly discovered evidence under section 29-2101(5), R.R.S. 1943. We affirm.

French was originally charged with four counts of delivery of a controlled substance. Two of the counts involved morning sales and two involved evening sales. Alibi evidence was adduced as to the latter. The same undercover agent, Dennis Landrie, a convicted felon...

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