STATE v. TATUM

No. 43137.

294 N.W.2d 354 (1980)

206 Neb. 625

STATE of Nebraska, Appellee, v. Gary TATUM, Appellant.

Supreme Court of Nebraska.

July 1, 1980.


Attorney(s) appearing for the Case

Giese & Butler, Buffalo County Public Defender, Kearney, for appellant.

Paul L. Douglas, Atty. Gen., and John Boehm, Lincoln, for appellee.

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


McCOWN, Justice.

The defendant was charged with sexual assault in the first degree, found guilty by a jury, and sentenced to a term of not less than 8 nor more than 12 years imprisonment.

The victim testified that at approximately 1 a.m. on September 12, 1979, she was reading in bed in her apartment in the front portion of a house in Kearney, Nebraska. She got up and opened the door to the kitchen and saw a man standing in the kitchen smoking a cigarette and...

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