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STATE v. DABNEY

No. 36348.

147 N.W.2d 768 (1967)

181 Neb. 263

STATE of Nebraska, Appellee, v. Fred DABNEY, Appellant.

Supreme Court of Nebraska.

January 13, 1967.

Attorney(s) appearing for the Case

Michael T. Levy, Omaha, for appellant.

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

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and POLLOCK, District Judge.

CARTER, Justice.

This is a proceeding under the Post Conviction Act. After the defendant, Fred Dabney, filed a motion to vacate the judgment of conviction, the trial court directed the county attorney to appear and show cause why an evidentiary hearing should not be held. On July 27, 1965, the county attorney appeared, evidence was taken, and on April 1, 1966, the motion to vacate the judgment was overruled and an evidentiary hearing denied. Defendant has appealed...

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