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STATE v. NIEMANN

No. 40368.

240 N.W.2d 38 (1976)

195 Neb. 675

STATE of Nebraska, Appellee, v. Max A. NIEMANN, Appellant.

Supreme Court of Nebraska.

March 25, 1976.

Attorney(s) appearing for the Case

Richard T. Vanderheiden, Phares & Torpin, Central City, for appellant.

Paul L. Douglas, Atty. Gen., Paul W. Snyder, Sp. Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Chief Justice.

The defendant was originally charged with first degree murder and pled guilty to a reduced charge of second degree murder. The District Court sentenced the defendant to an indefinite term of 20 years to life imprisonment in the Nebraska Penal and Correctional Complex. No appeal was taken. On November 22, 1971, the defendant sought relief under the Post Conviction Act by filing a motion to vacate and set aside. After a hearing, the defendant's...

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