Nickolizack v. State

Joseph Nickolizack, who will hereafter be called the accused, was tried in the district court for Holt county on a charge of what is commonly called statutory rape, alleged to have been committed on the person of one Lena Kmicli, a female1 child under the age of fifteen years. He was found guilty and was sentenced to the penitentiary for a term of six years. From that judgment he brings the case here by a petition in error.

The record discloses that there were 39 assignments of error in the motion for a new trial, and 100 of such assignments in his petition. However, we will discuss only so…