STATE v. KELLEY

No. 41105.

255 N.W.2d 840 (1977)

198 Neb. 805

STATE of Nebraska, Appellee, v. Gilbert L. KELLEY, Appellant.

Supreme Court of Nebraska.

July 6, 1977.


Attorney(s) appearing for the Case

James M. Tyler of Padley & Dudden, Ogallala, for appellant.

Paul L. Douglas, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

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


CLINTON, Justice.

The principal issue raised on this appeal and the one which is determinative hereof is whether the statutory requirements directing that a motion for new trial must be filed within 10 days "after the verdict. . . was rendered" are violative of the provisions of Article I, section 23, of the Nebraska Constitution, which provides in part: "In all cases of felony the defendant shall have the right of appeal to the Supreme Court"; or of the due process...

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