STATE v. COZZENS

Nos. S-91-494 through S-91-502.

490 N.W.2d 184 (1992)

241 Neb. 565

STATE of Nebraska, Appellee, v. Andrew H. COZZENS et al., Appellants.

Supreme Court of Nebraska.

September 25, 1992.


Attorney(s) appearing for the Case

Peter C. Bataillon, of Sodoro, Daly & Sodoro, for appellants.

Herbert M. Fitle, Omaha City Atty., and Gary P. Bucchino, Omaha City Prosecutor, and Richard L. Dunning for appellee.

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


SHANAHAN, Justice.

The crucial question presented in these appeals is whether a defendant, prosecuted in a state court for an offense committed as an expression of the defendant's moral belief or judgment, can invoke a statutory defense which, if allowed, prevents another's exercising a right recognized under the U.S. Constitution as interpreted by the U.S. Supreme Court.

Mary C. Adam, Patricia A. Beninato, Andrew H. Cozzens, Lawrence J. Donlan, Winifred I...

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