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STATE v. ANDERSON

Nos. 42301, 42302.

296 N.W.2d 440 (1980)

207 Neb. 51

STATE of Nebraska, Appellee, v. C. Michael ANDERSON, Appellant. STATE of Nebraska, Appellee, v. Peter HOCHSTEIN, Appellant.

Supreme Court of Nebraska.

August 15, 1980.

Attorney(s) appearing for the Case

David S. Lathrop, Terry M. Anderson, and John E. North, Jr. of Lathrop, Albracht & Swenson, Omaha, for appellant Anderson.

J. Joseph McQuillan of Walsh, Walentine & Miles, Omaha and Michael J. Lehan of Kelley & Kelley, Omaha, for appellant Hochstein.

Paul L. Douglas, Atty. Gen., Mel Kammerlohr and Paul E. Hofmeister, Asst. Attys. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, BRODKEY, and WHITE, JJ., and COLWELL and FAHRNBRUCH, District Judges.

KRIVOSHA, Chief Justice.

The instant appeals, though involving two separate cases, result from a consolidated trial arising out of a common crime and involve essentially identical issues. For that reason, we have elected to, likewise, consolidate the two cases for purposes of our decision.

On July 1, 1977, appellants Peter Hochstein (Hochstein) and C. Michael Anderson (Anderson) were separately charged by information in the county court of Douglas County,...

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