STATE v. GARZA

No. 39575.

226 N.W.2d 768 (1975)

193 Neb. 283

STATE of Nebraska, Appellee, v. Michael GARZA, Appellant.

Supreme Court of Nebraska.

March 13, 1975.


Attorney(s) appearing for the Case

Paul E. Watts, J. Joseph McQuillan, Gerald E. Moran, George R. Sornberger, Omaha, for appellant.

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

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


BRODKEY, Justice.

Appellant, Michael Garza, has appealed his felony conviction under section 28-532, R.R.S.1943. The specific language of the information charged that he "did willfully, maliciously, and forcibly and with the intent to commit rape on the person of Vida (sic) M. Cernius in the dwelling hereinafter described, break and enter into said dwelling located at 3407 V Street, in the City of Omaha." The jury returned a verdict of guilty, and the trial court...

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