STATE v. SMITH

No. S-91-328.

488 N.W.2d 33 (1992)

241 Neb. 311

STATE of Nebraska, Appellee, v. Thomas E. SMITH, Appellant.

Supreme Court of Nebraska.

August 21, 1992.


Attorney(s) appearing for the Case

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

Don Stenberg, Atty. Gen., William L. Howland, and, on brief, Mark L. Ells, Lincoln, for appellee.

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


FAHRNBRUCH, Justice.

Thomas E. Smith appeals his jury conviction in the district court for Douglas County on two counts of first degree sexual assault on a 13-year-old female child.

On appeal, Smith claims that the trial court erred (1) in admitting the victim's diary into evidence, in violation of the hearsay rules; (2) by allowing police officers and the victim's mother to testify about details of the assault; (3) in overruling Smith's motion for a mistrial...

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