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STATE v. SMITH

No. 38269.

196 N.W.2d 918 (1972)

188 Neb. 388

STATE of Nebraska, Appellee, v. Wardell Nelson SMITH, Appellant.

Supreme Court of Nebraska.

April 27, 1972.

Attorney(s) appearing for the Case

Wardell Nelson Smith pro se.

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

Heard before SPENCER, SMITH, and NEWTON, JJ., and CHADDERDON and C. THOMAS WHITE, District Judges.

SPENCER, Justice.

This is a post conviction action to vacate and set aside defendant's sentence and conviction for first degree murder. Defendant pled guilty and was sentenced to life imprisonment. The trial court appointed counsel, granted defendant a hearing, and decided the case on its merits.

This, however, is a second motion for post conviction relief on behalf of the defendant. In State v. Reichel, 187 Neb. 464,

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