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STATE v. FULLER

No. 42125.

281 N.W.2d 749 (1979)

204 Neb. 196

STATE of Nebraska, Appellee, v. Duane FULLER, Appellant.

Supreme Court of Nebraska.

July 31, 1979.

Attorney(s) appearing for the Case

Richard L. Schmeling, Lincoln, for appellant.

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

SUPPLEMENTAL OPINION

BOSLAUGH, Justice.

The State has filed a motion for rehearing requesting that we reconsider our analysis concerning the admissibility of the testimony of Clark concerning statements made to him by the defendant while Clark was equipped with a transmitter. Upon further consideration we have concluded that our original opinion holding the testimony was admissible was in error.

At the time the statements were made, the defendant...

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