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FULTON v. STATE

No. 34089.

81 N.W.2d 177 (1957)

163 Neb. 759

Robert FULTON, Plaintiff in Error, v. The STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

February 15, 1957.

Attorney(s) appearing for the Case

Dwight Elliott, Loren G. Olsson, Scottsbluff, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Homer Kyle, Asst. Atty. Gen., Lincoln, for defendant in error.

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

YEAGER, Justice.

This is a criminal action wherein, in the district court for Scotts Bluff County, Nebraska, Robert Fulton, plaintiff in error, who will hereinafter be referred to as the defendant, was charged by information in the name of the State of Nebraska with the crime of rape. He was convicted on a trial to a jury and sentenced to serve a term of 3 years. A motion for new trial was filed which was overruled. The defendant has brought the case here for review...

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