Nebraska Supreme Court November 1, 1978, 42011 (State v. Kerns)

Spencer, C. J., Pro Tem.

Defendant, Sandy Patrick Kerns, after a jury trial, was convicted of sexual assault in the first degree and found to be an habitual criminal. Defendant argues four assignments of error: (1) The overruling of his plea in bar; (2) the overruling of his motion to suppress; (3) the admission into evidence of the State’s exhibit 3; and (4) the excessiveness of his sentence.