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STATE v. RADCLIFFE

No. 87-645.

424 N.W.2d 608 (1988)

228 Neb. 868

STATE of Nebraska, Appellant, v. Walter H. RADCLIFFE, Appellee.

Supreme Court of Nebraska.

June 17, 1988.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and William L. Howland, and Michael G. Heavican, Lancaster County Atty., and John A. Colborn, Lincoln, for appellant.

Alan E. Peterson of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

CAPORALE, Justice.

As the result of an effort to initiate an amendment to the Constitution of this state so as to permit a state-run lottery, defendant-appellee, Walter H. Radcliffe, was charged with hiring and paying a salary to circulators of initiative petitions, once on June 26, 1986, and again on July 2, 1986, in violation of Neb.Rev.Stat. §§ 32-705 (Cum.Supp.1986) and 32-713 (Reissue 1984). The district court sustained Radcliffe's motion to quash the...

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