STATE v. HARDING

No. 37020.

165 N.W.2d 723 (1969)

184 Neb. 159

STATE of Nebraska, Appellee, v. Dennis LaVern HARDING, Appellant.

Supreme Court of Nebraska.

March 14, 1969.


Attorney(s) appearing for the Case

Edward Hannon, O'Neill, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, and NEWTON, JJ., and HASTINGS, District Judge.


WHITE, Chief Justice.

From a jury conviction and a sentence to a prison term of 2 years, for the possession of marijuana under section 28-452, R.R.S. 1943, the defendant appeals. We reverse the judgment of the district court and remand the cause for a new trial.

On appeal three questions are presented for determination: (1) That the search of an automobile owned by the defendant Harding, which search yielded substances identified as marijuana, was without...

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