DARLINGTON v. STATE

No. 32881.

44 N.W.2d 468 (1950)

153 Neb. 274

DARLINGTON v. STATE.

Supreme Court of Nebraska.

October 31, 1950.


Attorney(s) appearing for the Case

Carl E. Sanden, Lincoln, for plaintiff in error.

Clarence S. Beck, Attorney General, Walter E. Nolte, Deputy Attorney General, for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, and BOSLAUGH, JJ.


BOSLAUGH, Justice.

David Darlington, defendant and plaintiff in error, was convicted of the crime of assault with intent to commit rape, and was adjudged to be confined in the Nebraska State Reformatory. By these proceedings he seeks to have the conviction and sentence vacated.

It was charged by the State that on March 18, 1950, defendant, more than 18 years of age, in Lancaster County, Nebraska, made an assault on a female child 16 years of age, previously...

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