STATE v. UTTER

No. S-01-677.

641 N.W.2d 624 (2002)

263 Neb. 632

STATE of Nebraska, Appellee, v. Bennie L. UTTER, Appellant.

Supreme Court of Nebraska.

April 5, 2002.


Attorney(s) appearing for the Case

Thomas C. Riley, Douglas County Public Defender, and Timothy F. Shanahan, Omaha, for appellant.

Don Stenberg, Attorney General, and George R. Love, Schuyler, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


MILLER-LERMAN, J.

I. NATURE OF CASE

Bennie L. Utter was convicted by a jury in the district court for Douglas County of two counts of possession of a controlled substance with intent to deliver and one count of failure to affix a tax stamp. Utter appeals his convictions on the basis that the evidence introduced at trial was insufficient to establish that he had an intent to deliver or that he was a "dealer" subject to the marijuana and controlled substances...

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