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STATE v. JOHNSON

No. S-02-1503.

695 N.W.2d 165 (2005)

269 Neb. 507

STATE of Nebraska, appellee v. Kenneth JOHNSON, appellant.

Supreme Court of Nebraska.

March 25, 2005.

Attorney(s) appearing for the Case

Brett McArthur, Lincoln and Franklin E. Miner, for appellant.

Jon Bruning, Attorney General, and Susan J. Gustafson for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

PER CURIAM.

NATURE OF CASE

Kenneth Johnson was tried in the district court for Lancaster County for incest and for first degree sexual assault on a child, based on acts allegedly committed against his stepdaughter. He was acquitted by a jury of the first degree sexual assault charge but convicted of incest. Johnson appealed to the Nebraska Court of Appeals. Included in the issues raised on appeal relative to the incest statute, Neb.Rev.Stat. § 28-703...

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