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STATE v. VAIL

No. 42416.

286 N.W.2d 97 (1979)

205 Neb. 1

STATE of Nebraska, Appellee, v. Jack F. VAIL, Appellant.

Supreme Court of Nebraska.

December 11, 1979.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Harold I. Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Justice.

This is an appeal from a criminal action which charged the defendant, Jack F. Vail, with unlawfully delivering marijuana and cocaine in violation of section 28-4,125, R.R. S.1943. The jury found the defendant guilty of both counts. The court sentenced the defendant to a term of probation for 2 years, a fine of $500 on each count, and assessed the costs of the action. The defendant moved for a new trial based upon an alleged improper communication by...

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