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STATE v. ERICH

No. 40581.

251 N.W.2d 381 (1977)

198 Neb. 1

STATE of Nebraska, Appellee, v. Raymond E. ERICH, Appellant.

Supreme Court of Nebraska.

March 16, 1977.

Attorney(s) appearing for the Case

Richard E. Gee, Grand Island, for appellant.

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

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

WHITE, Chief Justice.

The defendant was charged with and found guilty by a jury of first degree sexual assault. The District Court sentenced him to a term of 3 to 5 years' imprisonment in the Nebraska Penal and Correctional Complex. The defendant appeals his conviction and sentence. For the reasons stated below, we reverse the judgment of the District Court.

The information alleged that on or about September 2, 1975, the defendant, who was 36 years of age...

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