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STATE v. SMITH

Nos. 39560, 39567 and 39568.

224 N.W.2d 537 (1974)

192 Neb. 794

STATE of Nebraska, Appellee, v. Patrick L. SMITH, Appellant. STATE of Nebraska, Appellee, v. Alvin E. DYE, Appellant. STATE of Nebraska, Appellee, v. Gary Allen BOVEE, Appellant.

Supreme Court of Nebraska.

December 26, 1974.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Stanley D. Krieger, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Marilyn B. Hutchinson, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

BOSLAUGH, Justice.

The defendants in these cases were charged separately with forcible rape and kidnapping. Since the crimes arose out of one transaction the cases were consolidated for trial on the motion of the county attorney. The jury returned separate verdicts of guilty as to each defendant on both counts. The defendants have appealed and the cases have been consolidated for briefing and argument in this court. The...

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