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STATE v. WILLIS

No. 86-015.

394 N.W.2d 648 (1986)

223 Neb. 844

STATE of Nebraska, Appellant, v. Charles WILLIS, Appellee.

Supreme Court of Nebraska.

October 10, 1986.

Attorney(s) appearing for the Case

George Rhodes, Custer Co. Atty., for appellant.

Carlos E. Schaper and Gregory S. Anderson, Broken Bow, for appellee.

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

HASTINGS, Justice.

This is a proceeding by the State under the provisions of Neb.Rev.Stat. § 29-2315.01 (Reissue 1985). It seeks to review the ruling by the district court for Custer County, Nebraska, sustaining the defendant's plea in abatement. We sustain the exception.

The defendant, Charles Willis, was charged with first degree sexual assault of Diana Willis. Defendant filed a plea in abatement. At the...

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