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STATE v. ROSSBACH

No. S-00-1313.

650 N.W.2d 242 (2002)

264 Neb. 563

STATE of Nebraska, Appellant, v. Dwight L. ROSSBACH, Appellee.

Supreme Court of Nebraska.

August 16, 2002.

Attorney(s) appearing for the Case

Kay E. Tracy, Grand Island, of the Hall County Attorney's Office, for appellant.

Kirk E. Naylor, Jr., Lincoln, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

GERRARD, J.

The State filed a complaint in the district court charging the appellee, Dwight L. Rossbach, with two counts of first degree sexual assault pursuant to Neb.Rev. Stat. § 28-319(1)(b) (Reissue 1995). A preliminary hearing was held in the district court, and the court refused to bind Rossbach over for trial and dismissed the charges against him. The State initiated error proceedings, arguing that there was sufficient evidence adduced to bind Rossbach...

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