STATE v. McCULLOCH

No. A-06-275.

727 N.W.2d 717 (2007)

15 Neb. App. 381

STATE of Nebraska, Appellee, v. Robert D. McCULLOCH, Appellant.

Court of Appeals of Nebraska.

February 13, 2007.


Attorney(s) appearing for the Case

Matthew M. Munderloh, of Johnson & Mock, Oakland, for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

IRWIN, SIEVERS, and CARLSON, Judges.


IRWIN, Judge.

Robert D. McCulloch appeals from the decision of the district court for Burt County which, after a jury trial, convicted him of one count of first degree sexual assault, McCulloch's primary claim is that his trial counsel was ineffective by introducing evidence of McCulloch's age when the State's evidence had failed to establish that he was age 19 or older, an essential element of the charge against McCulloch. The record shows that the State did not...

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