State v. Rojewski , 202 Neb. 34 ( 1979 )

Clinton, J.,

concurring in part and dissenting in part.

I concur with the portion of the opinion which concludes that the evidence was clearly sufficient to sustain a finding of guilt beyond a reasonable doubt.

I disagree with the portion of the opinion which finds that the defendant’s constitutional right to have her counsel make a summation was waived. As I interpret the record, it seems clear the trial judge did not intend to hear oral argument and counsel’s insistence upon the right would have been unavailing. I further feel that the granting of an opportunity for oral argument after the judge had already made up his mind did not cure the error.