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STATE v. KITT

No. 88-863.

440 N.W.2d 234 (1989)

232 Neb. 237

STATE of Nebraska, Appellee, v. Wesley Earl KITT, Appellant.

Supreme Court of Nebraska.

May 19, 1989.

Attorney(s) appearing for the Case

Thomas R. Lamb of Berry, Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Kimberly A. Klein for appellee.

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

SHANAHAN, Justice.

By its five-count information filed on November 9, 1987, in the district court for Lancaster County, the State charged Wesley Earl Kitt with attempts to obtain possession of a controlled substance through a forged prescription, see Neb.Rev.Stat. § 28-418(1)(c) (Reissue 1985), which is a Class IV felony, see § 28-418(2). On November 10, Kitt filed a plea in abatement, challenging the sufficiency of evidence adduced at his preliminary hearing...

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