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STATE v. WELLS

No. 87-674.

425 N.W.2d 338 (1988)

229 Neb. 89

STATE of Nebraska, Appellee, v. James A. WELLS, Appellant.

Supreme Court of Nebraska.

July 1, 1988.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Brian S. Munnelly, for appellant.

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

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

CAPORALE, Justice.

A jury found defendant, James A. Wells, guilty of first degree sexual assault, a violation of Neb.Rev.Stat. § 28-319(1)(a) (Reissue 1985); he was so adjudged and thereafter sentenced. In this appeal he asserts the district court erred in (1) receiving certain evidence and (2) permitting the prosecutor to inquire into and comment upon his silence during the investigation of the crime. We reverse and...

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