“ The Nebraska Constitution provides, however, that: 'No legislative act shall be held unconstitutional except by the concurrence of five judges.' Neb.Const., Art. V, § 2.↑ Although a comment made by appellant's counsel at oral argument before this Court (in response to a question) suggests reliance also on the Equal Protection Clause for the claim that a jury trial was constitutionally required (Tr. 5) , an examination of the record clearly reveals that this was not any part of the basis on which probable jurisdiction was noted here. ”

“ Because appellant's juvenile court hearing was held on March 28, 1968-prior to the date of the decisions in Duncan and Bloom-appellant would have had no constitutional right to a trial by jury if he had been tried as an adult in a criminal proceeding. It thus seems manifest that this case is not an appropriate one for considering whether the Nebraska statute which provides that juvenile hearings be 'without a jury,' Neb. ”

“ Later in oral argument counsel acknowledged that ' [n] o matter what the standard was * * * [o] ur evidence just isn't insufficient.' (Tr. 47.) And when specifically asked whether ' [t] he evidence was sufficient even under a reasonable doubt standard,' counsel responded: 'Even under a reasonable doubt standard * * *.' (Tr. 47.) ”