STATE v. RICE

No. 82-186.

335 N.W.2d 269 (1983)

214 Neb. 518

STATE of Nebraska, Appellee, v. David L. RICE, Appellant.

Supreme Court of Nebraska.

June 3, 1983.


Attorney(s) appearing for the Case

William C. Cunningham, S.J., Chicago, Ill. for appellant.

Paul L. Douglas, Atty. Gen., and Mel Kammerlohr, Lincoln for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.


HASTINGS, Justice.

The defendant brought this action under Neb.Rev.Stat. §§ 29-3001 et seq. (Reissue 1979), the Post Conviction Act, to set aside and vacate his prior conviction and/or receive a new trial.

This appeal is the culmination of a long history of litigation. The conviction and sentence of David Rice for first degree murder was affirmed by this court in State v. Rice, 188 Neb. 728,

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