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STATE v. SIMANTS

No. 82-093.

330 N.W.2d 910 (1983)

STATE of Nebraska, Appellee, v. Erwin Charles SIMANTS, Appellant.

Supreme Court of Nebraska.

March 4, 1983.

Attorney(s) appearing for the Case

P. Stephen Potter of Bacon & Potter, Gothenburg, for appellant.

Paul L. Douglas, Atty. Gen., and Martel J. Bundy, Lincoln, for appellee.

Daniel J. Popeo, Paul D. Kamenar and Nicholas E. Calio, Washington, D.C., for amicus curiae Washington Legal Foundation.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, District Judge.

McCOWN, Justice.

This is an appeal from an order of the District Court following a hearing mandated under the provisions of Neb.Rev.Stat. §§ 29-3701 et seq. (Cum.Supp.1982). The District Court found the defendant presently mentally ill and dangerous to others by reason of his mental illness and ordered his commitment to the Lincoln Regional Center. The defendant has appealed.

On October 17, 1979, after trial, the defendant was adjudged not guilty...

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