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STATE v. VOGEL

No. S-93-365.

526 N.W.2d 80 (1995)

247 Neb. 209

STATE of Nebraska, Appellee, v. Barry VOGEL, Appellant.

Supreme Court of Nebraska.

January 13, 1995.

Attorney(s) appearing for the Case

James E. Schaefer and Glenn A. Shapiro, of Gallup, Schaefer, Riha, Dornan, Jabenis & Shapiro, Omaha, for appellant.

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

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

LANPHIER, Justice.

Barry Vogel was found not guilty of attempted bribery but guilty of conspiracy to commit bribery, following a jury trial in the district court for Sarpy County. The issue was whether Vogel and an accomplice, Bill D. Null, had conspired to bribe Papillion's mayor to obtain the city's keno operation. Vogel appealed to the Nebraska Court of Appeals. The Court of Appeals held that the district court erred in excluding evidence of Vogel's

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