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STATE v. FLYE

No. 41760.

266 N.W.2d 237 (1978)

201 Neb. 115

STATE of Nebraska, Appellee, v. Lavell FLYE, Appellant.

Supreme Court of Nebraska.

May 31, 1978.

Attorney(s) appearing for the Case

Leo M. Bayer, Alliance, for appellant.

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

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

McCOWN, Justice.

The defendant filed a motion for post conviction relief and a motion for appointment of counsel in the District Court for Box Butte County. Without granting an evidentiary hearing the District Court overruled both motions. Following the overruling of a motion for new trial, the District Court appointed counsel for the defendant on appeal and this appeal followed.

On July 13, 1976, the defendant...

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