STATE v. HALSEY

No. 88-859.

441 N.W.2d 877 (1989)

232 Neb. 658

STATE of Nebraska, Appellee and Cross-Appellant, v. Ben M. HALSEY, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

June 23, 1989.


Attorney(s) appearing for the Case

James L. Birkel, of Egr and Birkel, David City, for appellant.

Robert M. Spire, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

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


BOSLAUGH, Justice.

Sometime during the early morning hours of July 4, 1987, Ramona S. Vyhlidal was brutally beaten about the head and face and was choked while asleep in her trailer home in Bellwood, Nebraska. That morning, the victim was discovered lying on the floor of the trailer by her then 11-year-old daughter, Wendy. When Wendy asked what had happened, the victim said, "Ben was here," and told Wendy to call an ambulance.

Wendy ran to Lawrence Bazer's...

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