STATE v. WALTON

No. S-93-1127.

523 N.W.2d 699 (1994)

246 Neb. 893

STATE of Nebraska, Appellee, v. Dwight WALTON, Appellant.

Supreme Court of Nebraska.

November 18, 1994.


Attorney(s) appearing for the Case

Thomas A. Wagoner and David T. Schroeder, Grand Island, for appellant.

Don Stenberg, Atty. Gen. and Delores Coe-Barbee, Lincoln, for appellee.

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


BOSLAUGH, Justice, Retired.

The defendant, Dwight Walton, was charged with and convicted of possession of a destructive device. He was sentenced to imprisonment for 20 months to 5 years. He was also charged with and convicted of two counts of misdemeanor theft by receiving stolen property. He has appealed but only from the felony of possession of a destructive device.

The record shows that the defendant and two other men were driving in and around the town...

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