STATE v. O'KELLY

No. 36475.

150 N.W.2d 117 (1967)

181 Neb. 618

STATE of Nebraska, Appellee, v. Dennis O'KELLY, Appellant.

Supreme Court of Nebraska.

April 14, 1967.


Attorney(s) appearing for the Case

John C. Gourlay, Lincoln, for appellant.

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

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

This post conviction motion was overruled without an evidentiary hearing, and defendant has appealed. The court had admitted in evidence at the criminal trial defendant's confession made after filing of the information and in absence of counsel. The principal ground of the motion is violation of defendant's right to counsel at the time of the confession.

Defense counsel had been appointed August 9, 1962. Eleven days later, while police were...

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