State v. May

121 N.W.2d 564 (1963)

175 Neb. 318

STATE of Nebraska, Appellee,

v.

Garry C. MAY, Appellant.

No. 35211.

Supreme Court of Nebraska.

May 17, 1963.

Jack L. Craven, Crete, Martin A. Cannon, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. S. Brubaker, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

CARTER, Justice.

The State contends in its motion for a rehearing that this court was in error in holding in its former opinion that the giving of instruction No. 17 constituted prejudicial error. See State v. May, 174…