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STATE v. McPHAIL

No. 87-280.

421 N.W.2d 443 (1988)

228 Neb. 117

STATE of Nebraska, Appellee, v. Milton L. McPHAIL, Appellant.

Supreme Court of Nebraska.

April 1, 1988.

Attorney(s) appearing for the Case

Roger C. Lott, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Bernard L. Packett, Lincoln, for appellee.

BOSLAUGH, CAPORALE and GRANT, JJ., and MULLEN, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

Defendant, Milton L. McPhail, appeals his convictions by a jury of the crimes of robbery, Neb.Rev.Stat. § 28-324(1) (Reissue 1985), and using a weapon to commit a felony, Neb.Rev.Stat. § 28-1205 (Reissue 1985). He assigns three errors: (1) denying defendant's pretrial motion to dismiss court-appointed counsel and to appoint substitute counsel; (2) denying his motion to dismiss for failure of the State to prove a prima facie...

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