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STATE v. EVANS

Nos. 40783 and 40784.

249 N.W.2d 204 (1977)

197 Neb. 332

STATE of Nebraska, Appellee, v. Gerald G. EVANS, Appellant. STATE of Nebraska, Appellee, v. Howard L. HADENFELDT, Appellant.

Supreme Court of Nebraska.

January 5, 1977.

Attorney(s) appearing for the Case

Thomas A. Wagoner, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendants, Gerald G. Evans and Howard L. Hadenfeldt, were originally charged with forcible rape in violation of section 28-408, R.R.S.1943. The offense was alleged to have occurred on August 16, 1975. Pursuant to plea bargains the State was granted leave to amend the informations to charge sexual assault in the second degree under section 28-408.04, R.R.S.1943. The defendants then entered pleas of guilty to this charge. The record does not...

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