STATE v. LaCHAPELLE

No. 89-246.

451 N.W.2d 689 (1990)

234 Neb. 458

STATE of Nebraska, Appellee, v. Roger C. LaCHAPELLE, Appellant.

Supreme Court of Nebraska.

February 16, 1990.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Donald A. Kohtz, Lincoln, for appellee.

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


SHANAHAN, Justice.

In its information, filed in the district court for Douglas County, the State charged Roger C. LaChapelle with possession of a short shotgun in violation of Neb. Rev.Stat. § 28-1203(1) (Reissue 1989): "Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony." LaChapelle filed a motion to dismiss the information, asserting that § 28-1203(1) was unconstitutional on account...

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