State v. Trackwell

Defendant was convicted of third degree assault after a trial in the county court for Platte County. The district court affirmed the conviction and sentence. Defendant has appealed to this court. We reverse and dismiss.

On November 21, 1988, a complaint was filed against the defendant, Lloyd R. Trackwell, Jr., alleging that he did “intentionally, knowingly, or recklessly cause bodily injury to Lois A. Murcek . . . .” The case was tried to the court. The evidence presented at trial showed the following relevant facts: Defendant owns ACP Collection Agency in Lincoln, Nebraska. Larry Holmes is…