State v. Pope

*490Smith, J.

The district court found defendant Duane Pope guilty on three counts of murder in the first degree. It imposed the penalty of death. On appeal Pope contends that the court erred in overruling his plea of double jeopardy.

The three counts, each naming a different victim, arose from the same conduct which had led to a federal indictment of Pope. Three federal counts charged that (1) Pope on June 4, 1965, had shot and killed the three victims and (2) at the time he had been robbing Farmers State Bank, a federally insured bank at Big Springs, Nebraska. In a federal trial on Pope’s pleas…