197 Neb. 805
251 N.W.2d 359
Decided March 9, 1977
Nebraska Supreme Court · decided 1977-03-09
Good law ✅— No negative treatment on recordhow we know
Decided 1977-03-09
Cited by 32 later decisions — most recently July 2008 · most notably State v. Gales (2003), State v. Tamburano (1978)
2 federal appellate · 30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1dissenting in part.
¶2I concur generally in the decision of the court that the judgment should be affirmed. I disagree with that part of the opinion which holds that knowledge on the part of the defendant, that the substance he sold was not the substance he represented it to be, is not an element of the offense. The better rule is that a prescribed culpability requirement should apply to all material elements of the offense. See Model Penal Code, § 2.02(4).