[DOWNLOAD] "State Nebraska v. Robert A. Kells" by Supreme Court of Nebraska " eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Robert A. Kells
- Author : Supreme Court of Nebraska
- Release Date : January 02, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant was found guilty in the county court of Lancaster County of the offense of possession of marijuana weighing less than 1 pound in violation of section 28-4,125 (4), R. R. S. 1943. A fine of $300 was imposed in the county court. Upon appeal to the District Court the conviction was affirmed, but the fine was reduced to the sum of $50. On appeal to this court the defendant urges that the county court and District Court erred in rejecting the defendant's contention that section 28-4,125 (4), R. R. S. 1943, is unconstitutional and therefore also erred in overruling his motion to dismiss the complaint against him. We affirm. In the county court the issues were tried upon a stipulation of facts and the testimony of an expert witness called by the defendant. In the District Court the record of the trial in the county court was offered and received in evidence and constitutes the bill of exceptions before us. That record shows that it was stipulated by the defendant and the State that on September 16, 1975, a quantity of marijuana, less than 1 pound, was found in the possession of the defendant in his home in Lancaster County, Nebraska; that the possession of this controlled substance by the defendant was for his own personal use in his home and was not possessed by him with the intent to distribute or to sell; and that he was more than 19 years of age at the time.