STATE v. WAGNER

No. 37503.

180 N.W.2d 695 (1970)

186 Neb. 37

STATE of Nebraska, Appellee, v. Henry Wadsworth WAGNER aka Harry Wadsworth Wagner, Appellant.

Supreme Court of Nebraska.

October 29, 1970.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Judge.

Defendant appeals from his conviction of forcible rape. In issue is the sufficiency of evidence to sustain the finding of guilt.

The complaining witness testified as follows: Age 17 and the unwed mother of a 16-month-old baby, she lived in an apartment of a housing project four blocks from Kellom School, Omaha. On July 8, 1969, at 1:40 a. m., she and the baby entered a taxicab to return to her apartment. She stopped the taxicab at 2 a. m., a...

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