STATE v. OLIVA

No. 87-597.

422 N.W.2d 53 (1988)

228 Neb. 185

STATE of Nebraska, Appellee, v. Fred B. OLIVA, Appellant.

Supreme Court of Nebraska.

April 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 Lisa D. Martin-Price, Lincoln, for appellee.

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


WHITE, Justice.

The defendant, Fred B. Oliva, was found guilty by a jury of the offense of first degree assault. The assault victim was the defendant's wife, Lupe Oliva.

Three witnesses testified for the State. According to Lupe Oliva, on the morning of November 1, 1986, she and her husband began arguing, after which a struggle ensued. The defendant pinned her on the couch and hit her in the face. This episode continued for about 1 hour, during which time...

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