STATE v. TAMBURANO

No. 41979.

271 N.W.2d 472 (1978)

201 Neb. 703

STATE of Nebraska, Appellee, v. Michael L. TAMBURANO, Appellant.

Supreme Court of Nebraska.

November 15, 1978.


Attorney(s) appearing for the Case

Thomas M. Kenney, Public Defender, Stanley A. Krieger, Asst. Public Defender, Omaha, for appellant.

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


WHITE, Justice.

The defendant was tried in the District Court for Douglas County on a charge of sexual assault, first degree. He was found guilty by a jury and sentenced to a term of from 6 to 10 years in the Nebraska Penal and Correctional Complex, whereupon he instituted this appeal.

The defendant here assigns a single error, that the District Court failed to instruct the jury on the lesser-included offense of second degree sexual assault. The definition...

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