STATE v. KELLY

No. 41622.

263 N.W.2d 457 (1978)

200 Neb. 276

STATE of Nebraska, Appellee, v. Kenneth KELLY, Appellant.

Supreme Court of Nebraska.

March 8, 1978.


Attorney(s) appearing for the Case

Margaret J. Hornbeck, of Hornbeck & Luther, Lincoln, for appellant.

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

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.


McCOWN, Justice.

Almost 2 years after the District Court entered an order denying defendant's motion for post conviction relief, the defendant filed a motion for an order permitting him to file an appeal out of time. The District Court overruled defendant's motion to extend the time for appeal and defendant has appealed from that order.

In July 1974, the defendant was found guilty by a jury of the crime of forcible rape and sentenced to 8 to 15 years imprisonment...

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