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STATE v. FURREY

No. S-04-1158.

708 N.W.2d 654 (2006)

270 Neb. 965

STATE of Nebraska, appellee, v. Kenneth FURREY, appellant.

Supreme Court of Nebraska.

January 20, 2006.

Attorney(s) appearing for the Case

Bell Island, of Island, Huff & Nichols, Scottsbluff, for appellant.

Jon Bruning, Attorney General, and Susan J. Gustafson for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Appellant, Kenneth Furrey, filed a plea in bar to an amended complaint, claiming that the amendment constituted a dismissal of the prior proceedings in which jeopardy had allegedly attached. Furrey claimed the amended complaint was an attempt to retry him in violation of the principles of double jeopardy. The county court overruled the plea in bar, and that determination was summarily affirmed by the district court and the Nebraska...

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