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STATE v. ERVING

No. 36214.

144 N.W.2d 424 (1966)

180 Neb. 680

STATE of Nebraska, Appellee, v. Jerry ERVING, Sr., Appellant.

Supreme Court of Nebraska.

July 29, 1966.

Attorney(s) appearing for the Case

Fred J. Montag, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and SCHEELE, District Judge.

CARTER, Justice.

This is an appeal from an order of the district court for Douglas County denying a motion to vacate a conviction and sentence for first degree murder under the provisions of the Post Conviction Act, sections 29-3001 to 29-3004, R.S.Supp., 1965.

Defendant was convicted of first degree murder on June 3, 1960, and sentenced to life imprisonment. His conviction was affirmed by this court on June 29, 1962. Erving v. State, 174 Neb...

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