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STATE v. WITMER

No. 35283.

118 N.W.2d 510 (1962)

174 Neb. 449

STATE of Nebraska, Appellee, v. Duane D. WITMER, Appellant.

Supreme Court of Nebraska.

December 7, 1962.

Attorney(s) appearing for the Case

Mitchell & Taylor, Kearney, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

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

CARTER, Justice.

The defendant was convicted in the district court for Hall County for having committed the crime of incest upon his 17-year-old daughter, Judith Witmer, on September 22, 1961, and has been sentenced to serve a term of 20 years in the State Penitentiary. He has brought the case to this court for review.

Judith Witmer, the prosecuting witness, was born on September 7, 1944, and at the time of the commission of the act charged was 17 years of...

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