STATE v. SHERROD

No. 87-438.

425 N.W.2d 616 (1988)

229 Neb. 128

STATE of Nebraska, Appellee, v. James E. SHERROD, Appellant.

Supreme Court of Nebraska.

July 8, 1988.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Janie C. Castaneda, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


HASTINGS, Chief Justice.

The defendant was convicted by a jury of first degree sexual assault and, after having been found to be a habitual criminal under the provisions of Neb.Rev.Stat. § 29-2221 (Reissue 1985), was sentenced to a term of imprisonment of 35 years. On appeal to this court, the defendant assigns as error: (1) The trial court allowed evidence of a prior sexual assault by the defendant; (2) the trial court gave an erroneous instruction; and (3)...

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