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STATE v. BEASLEY

No. 82-773.

336 N.W.2d 601 (1983)

214 Neb. 918

STATE of Nebraska, Appellee, v. David A. BEASLEY, Appellant.

Supreme Court of Nebraska.

July 22, 1983.

Attorney(s) appearing for the Case

John P. Murphy, Lincoln County Public Defender, North Platte, for appellant.

Paul L. Douglas, Atty. Gen., and Dale D. Brodkey, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

BOSLAUGH, Justice.

The defendant was convicted of sexual assault in the first degree and burglary and was sentenced to concurrent terms of imprisonment for 1 to 3 years. He has appealed and assigned as error the sufficiency of the evidence to support the convictions and the refusal of the trial court to instruct on the lesser-included offenses of sexual assault in the second and third degrees.

The victim testified that early on the morning of March 10, 1982...

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