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State Nebraska v. Lawrence E. Atwater

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eBook details

  • Title: State Nebraska v. Lawrence E. Atwater
  • Author : Supreme Court of Nebraska
  • Release Date : January 08, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Defendant, Lawrence E. Atwater, prosecutes this appeal from two separate robbery convictions. In the first one, he was convicted
by a jury after a lengthy trial on two counts. He assigns as error therein the overruling of his motion to suppress evidence,
for the reason that his arrest was without probable cause. In the second case, which involves a different robbery, he changed
his plea during the course of the trial and pled guilty. There he assigns as error the insufficiency of the record to establish
a waiver of his rights voluntarily, knowingly, and intelligently. We affirm both cases. In the early morning hours of December 13, 1973, two black men forced their way into Champs Restaurant in Omaha, Nebraska.
Three employees were robbed. One of them was beaten and his throat cut with a box knife. Further details of the robbery are
immaterial. The only issue presented is whether the warrantless arrest of defendant, Lawrence Atwater, was illegal and without
probable cause. If so, then articles found in a search incident to that arrest would be suppressed.


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