Whomble v. State

Plaintiff in error, Charles H. Whomble, hereinafter called defendant, was charged by information filed in the district court for Chase county, Nebraska, with statutory rape under section 28-408, Comp. St. 1929. The crime was alleged to have been committed on or about June 10, 1939, upon a girl then 13 years of age. The information was not filed until June 27, 1941, more than two years after the alleged offense.

Defendant was tried to a jury in November, 1941, and a disagreement resulted. Upon a second trial in October, 1942, the jury found him guilty as charged. His motion for a new trial was…