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STATE v. MESSERSMITH

No. 89-1398.

473 N.W.2d 83 (1991)

238 Neb. 924

STATE of Nebraska, Appellee, v. Arden MESSERSMITH, Appellant.

Supreme Court of Nebraska.

August 16, 1991.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Barry Waid, Lincoln, for appellee.

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

SHANAHAN, Justice.

A jury in the district court for Lancaster County convicted Arden Messersmith of two felonies: theft by receiving stolen property valued at more than $300 but less than $1000, which is a violation of Neb.Rev. Stat. § 28-517 (Reissue 1989) and a Class IV felony, and intent to distribute or deliver amphetamine which was in Messersmith's possession, a Class III felony under Neb.Rev.Stat. § 28-416(1)(a) (Cum.Supp. 1988).

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