STATE v. VICARS

No. 37588.

183 N.W.2d 241 (1971)

186 Neb. 311

STATE of Nebraska, Appellee, v. Steven C. VICARS, Appellant.

Supreme Court of Nebraska.

January 22, 1971.


Attorney(s) appearing for the Case

A. James McArthur, Douglas McArthur, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

Defendant was convicted of the crime of statutory rape of a previously chaste 15-year-old female. Defendant's appeal is predicated upon the alleged unconstitutionality of section 28-408, R.R.S.1943; errors in the reception and exclusion of the evidence; and the giving or refusing of instructions. We affirm.

The incident resulting in the prosecution occurred on the evening of June 7, 1969. At that time the prosecuting witness was 15 and the...

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