explaining that "[f]our judges are of the opinion that the [juvenile court] statute is unconstitutional as challenged. Three judges are of the opinion that it is constitutional. Article V, section 2, Constitution of Nebraska, provides in part: ‘No legislative act shall be held unconstitutional except by the concurrence of five judges,’ " and affirming district court's judgment

In DeBacker v. Brainard, 183 Neb. 461, 161 N.W.2d 508, (Oct. 4, 1968), appeal dismissed, Nov. 12, 1969, 396 U.S. 28, 24 L.Ed.2d 148, 90 S.Ct. 163, four of the seven justices of the Nebraska Supreme Court thought the right to trial by jury should be extended to juvenile court delinquency proceedings; however, because of the requirement of the Nebraska constitution that "No legislative act shall be held unconstitutional except by the concurrence of five judges" (Neb.

In DeBacker v. Brainard, 183 Neb. 461, 161 N.W.2d 508 (1968), the question discussed at length and with vigor was whether, under Gault, there is a constitutional requirement of a trial by jury, a problem not relevant here since Santana had a jury.

In DeBacker v. Brainard, 183 Neb. 461, 161 N.W.2d 508 (1968), the majority of the Supreme Court of Nebraska concluded that a statute depriving juveniles of a jury trial in a juvenile proceeding was unconstitutional in the light of Gault, yet the statute was upheld because more than a majority of the court was required to declare it unconstitutional.