State v. Smith

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…