SPENCER, Justice.
Defendant appeals from the denial of an evidentiary hearing in this post conviction proceeding. We affirm.
Defendant's motion contained three grounds for release. Defendant concedes that the first two grounds had previously been heard and overruled. Defendant's third allegation was: "That the defendant was tried by surprise for a substantially and materially different criminal charge, than that which he was bound over to the district court...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.