STATE v. PEERY

No. 43643.

305 N.W.2d 354 (1981)

208 Neb. 639

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

Supreme Court of Nebraska.

April 24, 1981.


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.


McCOWN, Justice.

The defendant filed a motion for post conviction relief seeking to vacate and set aside a sentence of death on the ground that the judgment was void or voidable under the Constitution of this state or of the United States. The District Court denied defendant's request for an evidentiary hearing, and found that the motion and the files and records of the case show that the defendant is entitled to no relief, and overruled the motion.

The defendant...

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