STATE v. MILLER

No. 35370.

121 N.W.2d 39 (1963)

175 Neb. 213

STATE of Nebraska, Appellee, v. Jack MILLER, Appellant.

Supreme Court of Nebraska.

April 12, 1963.


Attorney(s) appearing for the Case

Beatty, Clarke, Murphy, Morgan, Pederson & Piccolo, North Platte, Neighbors, Danielson & Van Steenberg, Scottsbluff, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. S. Brubaker, Asst. Atty. Gen., Lincoln, for appellee.

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


BROWER, Justice.

Appellant Jack Miller, hereinafter referred to as defendant, was charged with the crime of assault with intent to commit rape. He was convicted and sentenced to confinement in the Nebraska State Reformatory for a period of 5 to 6 years at hard labor. Defendant's motion for a new trial was overruled. He brings the cause to this court by appeal to have the conviction and sentence set aside.

Defendant first contends that the trial court erred...

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