STATE v. SPIDELL

No. 39378.

218 N.W.2d 431 (1974)

192 Neb. 42

STATE of Nebraska, Appellee, v. Robert Franklin SPIDELL, Appellant.

Supreme Court of Nebraska.

May 23, 1974.


Attorney(s) appearing for the Case

John F. Steinheider, Nebraska City, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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


WHITE, Chief Justice.

In this post conviction case the defendant asserts that he was denied a speedy trial; that he was entitled to an evidentiary hearing on his petition for post conviction relief; and that he was erroneously sentenced under the indeterminate sentence statute. The District Court denied relief without holding an evidentiary hearing. We affirm the judgment of the District Court.

It is fundamental that in order to maintain an action under the...

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