STATE v. SMITH

No. 43237.

298 N.W.2d 162 (1980)

207 Neb. 263

STATE of Nebraska, Appellee, v. Lloyd T. SMITH, Appellant.

Supreme Court of Nebraska.

October 31, 1980.


Attorney(s) appearing for the Case

David T. Schroeder, Ogallala, for appellant.

Paul L. Douglas, Atty. Gen., and Marilyn B. Hutchinson, Asst. Atty. Gen., for appellee.

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


KRIVOSHA, Chief Justice.

The appellant, Lloyd T. Smith, appeals from a conviction finding him guilty of five counts of possession of a controlled substance. As a result of the conviction, Smith was sentenced to not less than 20 months nor more than 2½ years on each count, with said sentences to run concurrently. Smith maintains that, because his arrest was illegal and in violation of his rights under the fourth amendment to the United States Constitution, evidence...

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