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STATE v. SCHMAILZL

No. S-92-576.

502 N.W.2d 463 (1993)

243 Neb. 734

STATE of Nebraska, Appellant, v. Robert SCHMAILZL, Appellee.

Supreme Court of Nebraska.

July 9, 1993.

Attorney(s) appearing for the Case

C. Jo Petersen, Seward County Atty., for appellant.

Dorothy A. Walker, of Mowbray & Walker, P.C., for appellee.

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

SHANAHAN, Justice.

Authorized under Neb.Rev.Stat. § 29-2315.01 (Supp.1991), the State appeals from the decision of the district court for Seward County which dismissed the amended information that charged Robert Schmailzl with making a terroristic threat to certain persons in violation of Neb.Rev.Stat. § 28-311.01(1)(a) and (c) (Reissue 1989), a Class IV felony. The amended information charged that Schmailzl did "threaten to commit [a] crime of violence...

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