(DOWNLOAD) "State Nebraska v. Jeffrey C. Cottingham" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Jeffrey C. Cottingham
- Author : Supreme Court of Nebraska
- Release Date : January 14, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The defendant, Jeffrey C. Cottingham, appeals from an order of the district court for Douglas County affirming the defendant's conviction and sentence in the county court for Douglas County of one count each of assault and battery, a violation of Omaha Mun. Code, ch. 20, art. IV, § 20-61 (1980); indecent exposure, a violation of Omaha Mun. Code, ch. 20, art. V, § 20-114 (1980); disorderly conduct, a violation of Omaha Mun. Code, ch. 20, art. III, § 20-42 (1980); and damage to property, a violation of Omaha Mun. Code, ch. 20, art. VI, § 20-158 (1980). On appeal, the defendant alleges the trial court erred in failing to sustain defendant's motion for new trial and for writ of error coram nobis, in failing to properly sequester the State's witnesses, in finding the evidence sufficient to support a conviction of indecent exposure, and in rendering excessive sentences. For the reasons hereinafter stated the order of the district court is affirmed. The record shows that during the early morning hours of January 4, 1986, Timothy Darby and Jacqueline Avard, the complaining witnesses, were proceeding through the drive-through facilities of a Burger King restaurant in Omaha, Nebraska, in a car owned by Avard and being driven by Darby. As the witnesses were ordering their sandwiches, a car owned by the defendant and being driven by a companion pulled into the drive-through lane directly behind the witnesses' car. The defendant then got out of the car in which he was a passenger, unzipped his pants, and urinated on the drive-through lane. This behavior was observed by Darby, Avard, and Scott Gavin, an employee of the restaurant. Darby verbally objected to defendant's action and suggested there were other places where one could go to the bathroom. An exchange of comments ensued as the two cars proceeded through the drive-through lane. Darby and Avard received their sandwiches from the drive-up window and proceeded to the side of the building, where they parked to eat.