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eBook details

• Title: State Nebraska v. Daniel Orlin Hirsch
• Author : Supreme Court of New York
• Release Date : January 28, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Following the overruling of the demurrer filed by the defendant-appellant, Daniel Orlin Hirsch, Sr., on the ground that the charge was time barred the district court, pursuant to verdict, adJudged Hirsch guilty of committing first degree sexual assault on his daughter, in violation of Neb. Rev. Stat. § 28-319 (Reissue 1989). Hirsch appealed to the Nebraska Court of Appeals and assigned as errors the district courts failure to (1) sustain his demurrer, (2) grant his motion for a directed verdict, and (3) order a new trial because of the discovery of new evidence. The Court of Appeals determined that the district court had indeed erred in failing to sustain Hirschs demurrer, vacated the judgment of the district court, and remanded the cause with the direction that it be dismissed. The plaintiff-appellee State then successfully petitioned this court for further review. We reverse the judgment of the Court of Appeals and remand the cause with the direction that the judgment of the district court be reinstated.

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