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STATE v. CLINGERMAN

No. 36225.

142 N.W.2d 765 (1966)

180 Neb. 344

STATE of Nebraska, Appellee, v. Lee C. CLINGERMAN, Appellant.

Supreme Court of Nebraska.

May 27, 1966.

Attorney(s) appearing for the Case

William G. Blackburn, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

This is a proceeding by Lee C. Clingerman, hereinafter referred to as defendant, invoking the provisions of Laws 1965, c. 145, p. 486, commonly referred to as the post-conviction procedure, to vacate and set aside his conviction and sentence.

On September 29, 1960, defendant, after a trial to a jury, was convicted in the district court for Hall County, Nebraska, of the crime of breaking and entering a motor vehicle. After hearing on November...

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