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STATE v. McDOWELL

No. S-93-1112.

522 N.W.2d 738 (1994)

246 Neb. 692

STATE of Nebraska, Appellee, v. Marty A. McDOWELL, Appellant.

Supreme Court of Nebraska.

October 14, 1994.

Attorney(s) appearing for the Case

Eugene G. Schumacher, of Luckey, Sipple, Hansen, Emerson & Schumacher, Columbus, for appellant.

Don Stenberg, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

HASTINGS, C.J., WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., and SIEVERS, Chief Judge, and BOSLAUGH, J., Retired.

LANPHIER, Justice.

After a jury trial in the district court for Platte County, the appellant, Marty A. McDowell, was convicted of burglary, conspiracy to commit burglary, and theft by unlawful taking. After the verdict, the trial court dismissed the conviction for conspiracy to commit burglary, but let the remaining convictions stand. On appeal, McDowell's assignments of error concern only the conviction for burglary. McDowell contends that the evidence adduced against...

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