PEERY v. STATE

No. 34062.

80 N.W.2d 699 (1957)

163 Neb. 628

Wesley Harms PEERY, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

January 25, 1957.


Attorney(s) appearing for the Case

John R. Doyle, John E. Wenstrand, Lincoln, for plaintiff in error.

C. S. Beck, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., for defendant in error.

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


BOSLAUGH, Justice.

Plaintiff in error, designated herein the accused, was convicted of the crime of rape charged to have been committed on the 21st day of January 1956, upon Mary Billingsley, referred to herein as prosecutrix, forcibly and against her will.

The circumstances of the offense as related on the trial by the prosecutrix include the following:

She traveled by automobile on January 21, 1956, about 11:45 a. m., on U. S. Highway No. 6 when...

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