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STATE v. BEASLEY

No. 37193.

171 N.W.2d 177 (1969)

184 Neb. 649

STATE of Nebraska. Appellee, v. Herbert BEASLEY, Appellant.

Supreme Court of Nebraska.

October 10, 1969.

Attorney(s) appearing for the Case

William J. Riedmann, Omaha, for appellant.

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

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

BOSLAUGH, Justice.

The defendant was convicted of robbery and sentenced to 10 years imprisonment. The judgment was affirmed in State v. Beasley, 183 Neb. 681, 163 N.W.2d 783.

The defendant then filed a motion for new trial alleging that newly discovered evidence disclosed that the defendant did not have sufficient mental capacity to waive his right to counsel. The motion was overruled and...

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