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STATE v. KAYS

No. S-11-504.

854 N.W.2d 783 (2014)

289 Neb. 260

STATE of Nebraska, appellee, v. Charles E. KAYS, appellant.

Supreme Court of Nebraska.

Filed October 17, 2014.

Attorney(s) appearing for the Case

Frank E. Robak, Sr. , of Robak Law Office, Council Bluffs, IA, for appellant.

Jon Bruning , Attorney General, and George R. Love , Lincoln, NE, for appellee.

Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

McCormack, J.

NATURE OF CASE

The originally filed bill of exceptions prepared for this appeal indicated that the alternate 13th juror was polled in the verdict against the defendant. A reproofread version of the bill of exceptions that replaced the original bill of exceptions indicates that the alternate juror did not deliberate and was not polled. The question of the accuracy of the bill of exceptions was remanded for a hearing before the district court...

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