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STATE v. BARRANCO

No. S-08-142.

769 N.W.2d 343 (2009)

278 Neb. 165

STATE of Nebraska, appellee, v. Luis O. BARRANCO, appellant.

Supreme Court of Nebraska.

July 24, 2009.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays, Lincoln, for appellant.

Jon Bruning, Attorney General, and Erin E. Leuenberger, Lincoln, for appellee.

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

GERRARD, J.

Nebraska law provides that in a criminal case, "[w]hen a case is finally submitted to the jury, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict or are discharged by the court."1 Although this provision can be waived by agreement of the defendant and the State, it is otherwise mandatory.2

In this case, the district court...

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