STATE v. RHODES

No. 41878.

270 N.W.2d 920 (1978)

201 Neb. 576

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

Supreme Court of Nebraska.

October 25, 1978.


Attorney(s) appearing for the Case

Stephen A. Scherr and Thomas J. Mullen, Hastings, for appellant.

Paul L. Douglas, Atty. Gen., and Judy K. Hoffman, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.


BOSLAUGH, Justice.

The defendant, Kenneth Rhodes, was convicted of first degree sexual assault and sodomy and sentenced to imprisonment for 7 to 10 years on each count, the sentences to run concurrently. He has appealed and contends the evidence was insufficient to sustain the conviction; the prosecutor was guilty of misconduct; and that the sentences imposed were excessive and in violation of section 83-1,105, R.S.Supp., 1976.

The prosecuting witness was...

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