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STATE v. KRIEGLER

No. 86-989.

406 N.W.2d 137 (1987)

225 Neb. 486

STATE of Nebraska, Appellee, v. Paul J. KRIEGLER, also Known as Gary Diggs, Appellant.

Supreme Court of Nebraska.

May 22, 1987.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and LeRoy W. Sievers, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

KRIVOSHA, Chief Justice.

Paul J. Kriegler appeals from a jury verdict finding him guilty of theft by unlawful taking in violation of Neb.Rev.Stat. §§ 28-511(1) and 28-518(2) (Reissue 1985). This is a Class IV felony, punishable by up to 5 years' imprisonment, or a fine of $10,000, or both. Kriegler's single assignment of error is that the district court erred in not sustaining his motion to dismiss the action on the basis that the State had failed to

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