Dahlberg, In Interest of, 37076

• Citation: 167 N.W.2d 190,184 Neb. 303
• Decision Date: 18 April 1969
• Docket Number: No. 37076,37076
• Parties: In the Interest of Steven William DAHLBERG, a child under eighteen years of age. Gordon M. DOESCHOT, Appellee, v. Steven William DAHLBERG, a child under eighteen years of age, Appellant.
• Court: Supreme Court of Nebraska

Page 190

167 N.W.2d 190

184 Neb. 303

In the Interest of Steven William DAHLBERG, a child under eighteen years of age.

Gordon M. DOESCHOT, Appellee, v. Steven William DAHLBERG, a child under eighteen years of age, Appellant.

No. 37076.

Supreme Court of Nebraska.

April 18, 1969.

Syllabus by the Court

1. The review in the Supreme Court of a proceeding under the Juvenile Court Act is by trial de novo.

2. A child under the age of 18 years who deports himself so as to injure or endanger seriously the morals or health of himself or others is a child in need of special supervision under the Juvenile Court Act.

Charles H. Truelsen, Omaha, for appellant.

Donald L. Knowles, County Atty., J. Thomas Rowen, Deputy County Atty., Omaha, for appellee.

Heard before WHITE, C.J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

BOSLAUGH, Justice.

The appellant, Steven William Dahlberg, was adjudicated to be a child in need of special supervision and placed on 6 months probation by the separate juvenile court of Douglas County, Nebraska. The appellant's motion for new trial was overruled and he has appealed. The principal assignments of error relate to the sufficiency of the evidence to sustain the findings and order of the juvenile court.

The review in this court is de novo upon the record. State ex rel. Weiner v. Hans, 174 Neb. 612, 119 N.W.2d 72; Mullikin v. Lutkehuse, 182 Neb. 132, 153 N.W.2d 361.

The petition alleged that on May 4, 1968, the appellant maliciously damaged a Ford automobile owned by Gary Mann and assaulted Larry Spratlin. The allegations refer to separate incidents which occurred on the same night.

The evidence shows that the appellant was driving a green 1957 Chevrolet station wagon south on Seventy-second Street in Omaha, Nebraska, at about 11 p.m., on May 4, 1968. Between Cass and Dodge Streets the station wagon, while passing the Mann automobile, swerved toward it. As it did so, a youth named Weiss leaned out of the station wagon and shouted obscenities at the Mann automobile. The incident was repeated about a block south of Dodge Street and again just north of Pacific Street. At this time, a beer bottle thrown from the Ford automobile struck the station wagon. The station wagon passed the Mann automobile again near the entrance to Ak-Sar-Ben, and at that time Weiss had a tire iron in his hand. When the Mann automobile stopped for a traffic light at Mercy Road, the station wagon stopped about a half block ahead and Weiss came back and struck the right door of the Ford automobile with the tire iron, damaging it.

The evidence relating to the assault is not as clear. Spratlin testified that he was driving west on Dodge Street when a green or blue 1957 Chevrolet station wagon passed him. The passengers in the station wagon were looking at the Spratlin...