STATE v. GRAHAM

No. 39380.

219 N.W.2d 723 (1974)

192 Neb. 196

STATE of Nebraska, Appellee, v. Charles P. GRAHAM, Appellant.

Supreme Court of Nebraska.

June 27, 1974.


Attorney(s) appearing for the Case

William B. Brandt, Unadilla, for appellant.

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

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


SPENCER, Justice.

Defendant appeals from the denial of relief in this post conviction proceeding. He predicates his appeal on four points: (1) Nebraska's habitual criminal statute, section 29-2221, R.S.Supp., 1972, is unconstitutional in that it inflicts cruel and unusual punishment; (2) his sentence was vague and indefinite in that it did not specify upon which count it was based; (3) he was not properly advised of his rights upon and prior to his plea of guilty...

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