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STATE v. SCHENCK

No. 85-603.

384 N.W.2d 642 (1986)

222 Neb. 523

STATE of Nebraska, Appellee, v. Daniel J. SCHENCK, Appellant.

Supreme Court of Nebraska.

April 11, 1986.

Attorney(s) appearing for the Case

James R. Wefso, Rushville, for appellant.

Robert M. Spire, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and BLUE, District Judge.

HASTINGS, Justice.

Daniel J. Schenck appeals his conviction by jury for first degree sexual assault. Schenck was sentenced to 5 to 15 years' imprisonment. We affirm the trial court proceedings.

The prosecutor offered evidence of the following events. The victim, L.H., met Schenck in a Hay Springs bar on Friday, March 1, 1985. In the course of the evening they discovered that they shared the same birthday (March 3), so L.H. invited Schenck to celebrate with...

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