State v. Radcliffe

As the result of an effort to initiate an amendment to the Constitution of this state so as to permit a state-run lottery, defendant-appellee, Walter H. Radcliffe, was charged with hiring and paying a salary to circulators of initiative petitions, once on June 26,1986, and again on July 2,1986, in violation of Neb. Rev. Stat. §§ 32-705 (Cum. Supp. 1986) and 32-713 (Reissue 1984). The district court sustained Radcliffe’s motion to quash the information on the ground, inter alia, that the portion of § 32-705 Radcliffe is charged with having violated abridges his freedom of speech and thus…