STATE v. MONTGOMERY

No. 36713.

157 N.W.2d 196 (1968)

182 Neb. 737

STATE of Nebraska, Appellee, v. Cleon MONTGOMERY, Appellant.

Supreme Court of Nebraska.

March 15, 1968.


Attorney(s) appearing for the Case

Daniel G. Dolan, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

Defendant-appellant was found guilty by a jury of the crime of robbery. The sole issue presented by this appeal involves the question of a denial of appellant's constitutional right to counsel by reason of the fact that his motion for severance was overruled.

Appellant's motion was predicated on a claim of conflict of interest on the part of his counsel, an assistant public defender, in attempting to represent both the appellant and a codefendant...

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