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STATE v. ZEMUNSKI

Nos. 88-149, 88-150.

423 N.W.2d 443 (1988)

228 Neb. 536

STATE of Nebraska, Appellant, v. Michael ZEMUNSKI, Appellee. STATE of Nebraska, Appellant, v. Mitchell WHITELEY, Appellee.

Supreme Court of Nebraska.

May 13, 1988.

Attorney(s) appearing for the Case

Glenn A. Clark, Phelps Co. Atty., for appellant.

Patrick T. O'Brien of Bauer, Galter & O'Brien, Lincoln, for appellee Zemunski.

Nancy S. Freburg, Phelps County Public Defender, for appellee Whiteley.

CAPORALE, Justice.

In case No. 88-149 the State charged defendant-appellee, Michael Zemunski, with the felony of burglarizing the "Holdrege Coop" on March 20, 1987, in violation of Neb.Rev.Stat. § 28-507 (Reissue 1985). Defendant-appellee, Mitchell Whiteley, was charged with the same crime in case No. 88-150. The district court sustained a portion of the motion filed by each defendant to suppress the evidence obtained by the police. In these consolidated interlocutory...

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