STATE v. KELLY

No. 39732.

227 N.W.2d 848 (1975)

193 Neb. 494

STATE of Nebraska, Appellee, v. Kenneth KELLY, Appellant.

Supreme Court of Nebraska.

April 10, 1975.


Attorney(s) appearing for the Case

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

Paul L. Douglas, Atty. Gen., Jerold V. Fennell, Special Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and McCOWN, and NEWTON, JJ., COLWELL, District Judge, and KUNS, Retired District Judge.


KUNS, Retired District Judge.

A jury found the defendant, Kenneth Kelly, guilty of rape. He appeals from the conviction and sentence thereon. His sole assignment of error relates to the overruling of motions for a directed verdict of "not guilty," made both at the end of the State's case-in-chief and at the conclusion of all the evidence.

The record shows that the defendant met the prosecutrix as she was passing behind a Safeway supermarket, on her way to...

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