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ARMSTEAD v. STATE

No. 33751.

71 N.W.2d 317 (1955)

161 Neb. 13

Roy D. ARMSTEAD, Plaintiff In Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

July 15, 1955.

Attorney(s) appearing for the Case

Kelly & Kelly, Grand Island, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Robert V. Hoagland, Asst. Atty. Gen., Lincoln, for defendant in error.

Heard before SIMMONS, C. J., CARTER, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ., and FLORY, District Judge.

CHAPPELL, Justice.

An information, filed June 23, 1954, by the county attorney of Hall County, charged that on or about June 19, 1954, defendant, Roy Armstead, a married man, unlawfully and wrongfully lived and cohabited with a named unmarried woman in a state of adultery. Defendant, when tried to a jury, pleaded not guilty. At conclusion of the State's evidence-in-chief, defendant, reserving his right to introduce evidence in his behalf, moved to dismiss for failure...

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