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STATE v. HALSEY

No. 40237.

238 N.W.2d 249 (1976)

195 Neb. 432

STATE of Nebraska, Appellee, v. Ben Marshall HALSEY, Appellant.

Supreme Court of Nebraska.

February 11, 1976.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Paul M. Conley, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Gary B. Schneider, Special Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Chief Justice.

The appellant was charged with assault with intent to do great bodily injury. He was tried to a jury and found guilty. On August 27, 1973, he was sentenced to a term of 2 to 3 years imprisonment in the Nebraska Penal and Correctional Complex. No appeal was taken from this proceeding.

Thereafter, the appellant brought a post conviction proceeding under section 29-3001, R.S.Supp., 1974. The District Court found that the sole issue raised...

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