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ERVING v. STATE

Nos. 34911, 34912.

116 N.W.2d 7 (1962)

174 Neb. 90

Jerry ERVING, Plaintiff In Error, v. STATE of Nebraska, Defendant in Error. Milton HOWARD, Plaintiff in Error, v. STATE of Nebraska, Defendant In Error.

Supreme Court of Nebraska.

July 29, 1962.

Attorney(s) appearing for the Case

Schrempp & Lathrop, Omaha, for plaintiff in error Jerry Erving.

O'Sullivan & O'Sullivan, David Lathrop, Omaha, for plaintiff in error Milton Howard.

Clarence A. H. Meyer, Atty. Gen., Cecil Brubaker, Asst. Atty. Gen., Lincoln, for defendant in error.

Heard before SIMMONS, C. J., CARTER, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ., and CHADDERDON, District Judge.

SPENCER, Justice.

These are two criminal actions instituted in the district court for Douglas county by separate informations charging Jerry Erving and Milton Howard with murder in the first degree. The cases were consolidated for trial. The jury found the defendants guilty and fixed their punishment at life imprisonment. Both defendants appeal.

The record is voluminous and it will serve no useful purpose to attempt to summarize all the evidence. The defendants...

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