STATE v. HOLMAN

No. 87-915.

424 N.W.2d 627 (1988)

229 Neb. 57

STATE of Nebraska, Appellee, v. David E. HOLMAN, Appellant.

Supreme Court of Nebraska.

June 24, 1988.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Brian S. Munnelly, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and James H. Spears, Lincoln, for appellee.

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


FAHRNBRUCH, Justice.

The question dispositive of this appeal is whether it is permissible for law enforcement officers to serve a "daytime" warrant after dark. We hold that it is not.

The defendant, David E. Holman, after a bench trial, was found guilty of theft by receiving stolen property valued at more than $300 but less than $1,000. He appeals his conviction, citing as error the overruling of his motion to suppress evidence. We vacate Holman's sentence...

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