STATE v. ALDRICH

No. 86-826.

413 N.W.2d 639 (1987)

226 Neb. 645

STATE of Nebraska, Appellee, v. Richard ALDRICH, Appellant.

Supreme Court of Nebraska.

October 16, 1987.


Attorney(s) appearing for the Case

Francis O'Brien, Schuyler, for appellant.

Robert M. Spire, Atty. Gen., and Steven J. Moeller, Lincoln, for appellee.

BOSLAUGH, C.J., Pro Tem., WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


COLWELL, District Judge, Retired.

Richard Aldrich, defendant, appeals his conviction of first degree sexual assault, Neb.Rev.Stat. § 28-319 (Reissue 1985), assigning one procedural error, that the court abused its discretion in allowing the State, at the conclusion of all evidence, to amend its information by deleting one word, "and," and substituting the word "or," making the charge read in the disjunctive. We affirm.

Section 28-319 provides:

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