Onstott v. State

Merle Onstott was convicted by a jury in the district court for Banner County of assault with intent to commit rape. After the verdict had been returned he filed a motion for a new trial. The trial court overruled this motion for a new trial and then sentenced him to 10 years in the Nebraska State Penitentiary. He brings this error proceeding to review his conviction and sentence. We shall refer to the plaintiff in error as the defendant.

Defendant’s first assignment of error is the overruling of his plea in abatement. During the oral argument he abandoned this assignment. It is without merit…