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STATE v. PEERY

No. 42659.

287 N.W.2d 71 (1980)

205 Neb. 271

STATE of Nebraska, Appellee, v. Wesley H. PEERY, Appellant.

Supreme Court of Nebraska.

January 8, 1980.

Attorney(s) appearing for the Case

Stanley D. Cohen, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Justice.

After a verdict of guilty on two counts, murder in the first degree and robbery, the defendant, Wesley H. Peery, was sentenced to death for count I and to a term of not less than 16 nor more than 50 years on count II. On appeal, we affirmed in State v. Peery, 199 Neb. 656, 261 N.W.2d 95 (1977). Peery filed a motion for new trial, supported by an affidavit, pursuant to section...

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