STATE v. HARMS

No. 88-978.

449 N.W.2d 1 (1989)

233 Neb. 882

STATE of Nebraska, Appellee, v. Michael F. HARMS, Appellant.

Supreme Court of Nebraska.

December 1, 1989.


Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Kenneth W. Payne, Alliance, for appellee.

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


WHITE, Justice.

After a bench trial to the Pawnee County District Court, Michael F. Harms was found guilty of unlawful manufacture or distribution of a controlled substance and possession of marijuana weighing more than 1 pound. He appeals to this court. For the reasons set forth below, we reverse and remand for a new trial.

On October 23, 1987, Harms was driving a pickup in Pawnee County, Nebraska. This pickup was owned by Dennis Jurgens, who was a passenger...

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