State v. Hamilton

The State comes to this court on a proceeding brought by the Douglas County attorney pursuant to the provisions of Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 1982), and seeks to have this court determine that Neb. Rev. Stat. § 28-311 (Reissue 1979) is constitutional. The trial court found the statute in question to be unconstitutionally vague and therefore unenforceable. Our examination of the statute in light of relevant law convinces us that the trial court was correct in its determination, and for that reason the judgment of the trial court in declaring § 28-311 unconstitutional must be…