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STATE v. DeGROAT

No. S-93-239.

508 N.W.2d 861 (1993)

244 Neb. 764

STATE of Nebraska, Appellee, v. Michael E. DeGROAT, Appellant.

Supreme Court of Nebraska.

December 17, 1993.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Janine F. Ucchino, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Joseph P. Loudon, Lincoln, for appellee.

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

CAPORALE, Justice.

Following a bench trial, the defendant-appellant, Michael E. DeGroat, was adjudged guilty of the unlawful possession of a controlled substance, lysergic acid diethylamide (LSD), a felony, in violation of Neb.Rev.Stat. §§ 28-416(3) and 28-405(c)(9) [Schedule I] (Cum.Supp.1992). Asserting that his warrantless arrest was unlawful, DeGroat appealed to the Nebraska Court of Appeals and assigned as error the district court's failure to suppress...

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