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STATE v. LASU

No. S-08-841.

768 N.W.2d 447 (2009)

278 Neb. 180

STATE of Nebraska, appellant, v. James A. LASU, appellee.

Supreme Court of Nebraska.

July 24, 2009.

Attorney(s) appearing for the Case

Gail A. VerMaas and Lynelle D. Homolka, Deputy Hall County Attorneys, for appellant.

Gerard A. Piccolo, Hall County Public Defender, Grand Island, for appellee.

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

GERRARD, J.

James A. Lasu was charged with tampering with physical evidence1 after he attempted to discard a bag of marijuana, in an apparent attempt to prevent a police officer from finding it on his person. The question presented in this case is whether an individual commits the offense of tampering with physical evidence if he discards contraband without making an active attempt to conceal or destroy it.

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