STATE v. HUTCHISON

No. 38488.

201 N.W.2d 390 (1972)

189 Neb. 158

STATE of Nebraska, Appellee, v. Lee F. HUTCHISON, Appellant.

Supreme Court of Nebraska.

October 20, 1972.


Attorney(s) appearing for the Case

Padley & Dudden, Ogallala, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


NEWTON, Justice.

Defendant was found guilty of statutory rape. The sole question presented on appeal is the admissibility of a statement or confession of the defendant. The evidence as to the circumstances under which the statement was given was conflicting. The court and the jury resolved the conflict in favor of the State.

In determining the admissibility of a confession, all evidence on the subject must be considered and the mere fact that the evidence...

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