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STATE v. SHIFFBAUER

No. 40740.

251 N.W.2d 359 (1977)

197 Neb. 805

STATE of Nebraska, Appellee, v. William SHIFFBAUER, a/k/a Shifty, Jr., Appellant.

Supreme Court of Nebraska.

March 9, 1977.

Attorney(s) appearing for the Case

Ronald J. Palagi, of Shrout, Christian, Krieger, Nestle & Palagi, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Judy K. Hoffman, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

SPENCER, Justice.

Defendant, William Shiffbauer, was found guilty by a jury of knowingly or intentionally delivering a substance which he represented to be a controlled substance but which was not in fact such a substance. He was sentenced to 1 year probation and 60 days imprisonment in the Douglas County jail was imposed as one of the conditions of probation. Defendant appealed, alleging four assignments of error: (1) Section 28-4,125(7), R.R.S.1943, under which...

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