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STATE v. COLE

No. 37294.

173 N.W.2d 39 (1969)

184 Neb. 864

STATE of Nebraska, Appellee, v. Robert Percy COLE, Appellant.

Supreme Court of Nebraska.

December 12, 1969.

Attorney(s) appearing for the Case

Owen A. Giles, Omaha, 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, Mc-COWN and NEWTON, JJ.

CARTER, Justice.

This is an appeal from the denial of relief under the Nebraska Post Conviction Act, sections 29-3001 to 29-3004, R.S.Supp., 1967.

On July 23, 1962, defendant, having entered his plea of guilty to the charge of rape, was sentenced to imprisonment for a term of 15 years. On March 15, 1968, defendant filed a motion to vacate and set aside his sentence on the ground that his constitutional rights were violated in that

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