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STATE v. HESS

No. 86-539.

402 N.W.2d 866 (1987)

225 Neb. 91

STATE of Nebraska, Appellee, v. Troy A. HESS, Appellant.

Supreme Court of Nebraska.

March 27, 1987.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Victor Gutman, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

HASTINGS, Justice.

Defendant was convicted in a jury trial of an October 19, 1985, second degree murder. On appeal he assigns as error the action of the district court in overruling his motion for a mistrial because of a violation of the court's ordered sequestration of the witnesses.

At the commencement of the trial defense counsel stated to the court: "Before we start may I make a motion to sequester all witnesses...

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