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STATE v. AGNEW

No. 37534.

178 N.W.2d 592 (1970)

185 Neb. 716

STATE of Nebraska, Appellee, v. William E. AGNEW, Appellant.

Supreme Court of Nebraska.

July 2, 1970.

Attorney(s) appearing for the Case

William E. Agnew, pro se.

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

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and CHADDERDON, District Judge.

SMITH, Justice.

Defendant appeals from denial of an evidentiary hearing on his motion for post conviction relief from a judgment that we affirmed in State v. Agnew, 184 Neb. 700, 171 N.W.2d 542 (1969). The motion raises issues which we there necessarily determined. Unless a miscarriage of justice is shown, the post conviction remedy is not available for reconsideration of questions that were determined...

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