State Nebraska v. Patrick L. Smith Book Reviews

State Nebraska v. Patrick L. Smith by Supreme Court of Nebraska Book Summary

The defendants in these cases were charged separately with forcible rape and kidnapping. Since the crimes arose out of one
transaction the cases were consolidated for trial on the motion of the county attorney. The jury returned separate verdicts
of guilty as to each defendant on both counts. The defendants have appealed and the cases have been consolidated for briefing
and argument in this court. The assignments of error relate to the sufficiency of the evidence and the rulings on motions
for a mistrial. The record shows the defendants were driving north on 30th Street in Omaha, Nebraska, in an automobile operated by Larry
Harmer at about 4 p.m., on August 28, 1973, when they saw the prosecuting witness, Carol, leave a drugstore and walk west
on Huntington Avenue. Harmer turned the car around and drove up to where Carol was walking. On the pretext of asking for directions
the defendants stopped Carol and engaged her in conversation. Two of the defendants grabbed Carol and forced her into the
back seat of the automobile. When she tried to resist, Bovee held her from behind while Dye struck her about the face and
head. When Dye struck her, Carol attempted to dig her fingernails into his neck.

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State Nebraska v. Patrick L. Smith (Supreme Court of Nebraska) Book Reviews 2024

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