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STATE v. DALY

No. 42129.

274 N.W.2d 557 (1979)

202 Neb. 217

STATE of Nebraska, Appellee, v. Thomas DALY.

Supreme Court of Nebraska.

January 24, 1979.

Attorney(s) appearing for the Case

David T. Schroeder, Ogallala, Dennis L. Blewitt, Boulder, Colo., for appellant.

Paul L. Douglas, Atty. Gen., Paul W. Snyder, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and BLUE, District Judge.

SPENCER, Chief Justice Pro Tem.

Defendant, Thomas Daly, prosecutes this appeal from his conviction for possession of marijuana. His sole assignment of error is the denial of his motion to suppress evidence seized from his motor vehicle. Essentially, the issue is whether the smell of marijuana is sufficient to furnish probable cause for the warrantless search of a motor vehicle. We affirm.

At 8:55 p. m., on March...

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