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STATE v. KELLY

No. 43286.

298 N.W.2d 370 (1980)

207 Neb. 295

STATE of Nebraska, Appellee, v. John Joseph KELLY, Appellant.

Supreme Court of Nebraska.

November 7, 1980.

Attorney(s) appearing for the Case

David L. Herzog and Anthony R. Carr, Omaha, for appellant.

Paul L. Douglas, Atty. Gen. and Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, BRODKEY, WHITE and HASTINGS, JJ., and BURKHARD, District Judge.

WHITE, Justice.

Defendant was convicted after a trial to the court of the crime of second degree murder and sentenced to a term of 15 years in the Nebraska Penal and Correctional Complex.

On appeal, defendant assigns two errors: (1) The court erred in failing to suppress the defendant's statement as the fruit of an unlawful arrest; and (2) The sentence is excessive. We shall discuss the second assignment first and...

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