STATE v. WILMART

No. 89-1358.

450 N.W.2d 703 (1990)

234 Neb. 320

STATE of Nebraska, Appellant, v. Diane M. WILMART, also known as Diane M. Cunningham, Appellee.

Supreme Court of Nebraska.

January 26, 1990.


Attorney(s) appearing for the Case

Larry J. Karel, Colfax Co. Atty., for appellant.

David J. Warnemunde, of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellee.


CAPORALE, Justice.

This is an interlocutory appeal to a single judge of this court taken by the plaintiff State pursuant to the provisions of Neb. Rev.Stat. § 29-824 (Reissue 1989). The State assigns as error the district court's sustainment of defendant-appellee Diane M. Wilmart's motion to suppress certain evidence as hereinafter described. The decision of the district court is affirmed.

At 9:30 p.m. on December 29, 1988, two armed plainclothes officers...

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