State v. Merchant
Annotate this CaseAfter a jury trial, Defendant was convicted of the unlawful sale or purchase of a motor vehicle under Neb. Rev. Stat. 60-1416. Defendant was classified as a habitual criminal and sentenced to twelve to thirty years' imprisonment. The Supreme Court reversed ad remanded the cause for a new trial, holding that the trial court abused its discretion in admitting "expert" testimony interpreting section 60-1416 because the testimony instructed the jury on how to make its decision of Defendant's guilt, and only the trial court should instruct the jury on the relevant law. In addition, the Court held that acting without a dealer's license under section 60-1416 is a public welfare offense, which doesn't require proof of mens rea.
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