State v. Douglas

Hastings, Shanahan, and Grant, JJ., and Moran, D.J.,

dissenting.

For the reasons hereinafter stated we dissent from the acquittal on specification No. 1 — duty not to misrepresent.

Paul L. Douglas, before being elected Attorney General of the State of Nebraska, invested in the commodities market with a friend, Paul E. Gaiter, a Lincoln attorney. That venture into commodities *250was unsuccessful, for Douglas and Gaiter lost $40,000 —a $20,000 loss sustained by each in the market endeavors.

After Douglas’ election as Attorney General, Gaiter told Douglas about a real estate investment, namely, real…