STATE v. ABY

No. 42651.

287 N.W.2d 68 (1980)

205 Neb. 267

STATE of Nebraska, Appellee, v. Charles A. ABY, Appellant.

Supreme Court of Nebraska.

January 8, 1980.


Attorney(s) appearing for the Case

George E. Brugh, York, for appellant.

Paul L. Douglas, Atty. Gen., and Linda A. Akers, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE and HASTINGS, JJ.


BOSLAUGH, Justice.

After trial to the court the defendant was convicted of first degree sexual assault and felony debauching of a minor. He was sentenced to 15 years imprisonment on the first count and 2 years imprisonment on the second count, the sentences to run concurrently. He has appealed and contends the evidence is insufficient to support the conviction; the State should have been required to elect between the counts because count II was a lesser-included offense...

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