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STATE v. MYLES

No. 37873.

187 N.W.2d 584 (1971)

187 Neb. 105

STATE of Nebraska, Appellee, v. McArthur MYLES, Appellant.

Supreme Court of Nebraska.

June 4, 1971.

Attorney(s) appearing for the Case

Stewart, Calkins, Duxbury & Crawford, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

NEWTON, Justice.

This is a post conviction proceeding. Defendant was tried, convicted, and sentenced on a charge of shooting with intent to kill, wound, or maim. The sentence received has been served but the right of appeal is not moot. See Sibron v. New York (1968), 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917.

In his application to the district court, defendant raised the following...

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