STATE v. SCHMAILZL

No. S-94-522.

534 N.W.2d 743 (1995)

248 Neb. 314

STATE of Nebraska, Appellee, v. Robert SCHMAILZL, Appellant.

Supreme Court of Nebraska.

June 30, 1995.


Attorney(s) appearing for the Case

Dorothy Walker and Shawn Elliott, of Mowbray & Walker, P.C., Lincoln, for appellant.

Don Stenberg, Atty. Gen., and Delores Coe-Barbee, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.


WRIGHT, Justice.

Robert Schmailzl appeals from his conviction of making terroristic threats, a violation of Neb.Rev.Stat. § 28-311.01(1)(a) and (c) (Reissue 1989). We find, however, that we do not have jurisdiction over the matter because the poverty affidavit is deficient, and the appeal must be dismissed.

SCOPE OF REVIEW

Whether a question is raised by the parties concerning jurisdiction of the lower court or tribunal, it is not only within...

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