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STATE v. BOTHWELL

No. 84-196.

355 N.W.2d 506 (1984)

218 Neb. 395

STATE of Nebraska, Appellee, v. Earl P. BOTHWELL, Appellant.

Supreme Court of Nebraska.

September 28, 1984.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Stanley A. Krieger, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Linda L. Willard, Lincoln, for appellee.

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

WHITE, Justice.

The appellant, Earl P. Bothwell, appeals from an order of the district court for Douglas County, Nebraska, denying Bothwell's motion for a new trial on the basis of newly discovered evidence. Bothwell's original conviction and sentence for robbery were affirmed by this court pursuant to Neb.Ct. R. 3 B(4) (rev. 1983).

In support of his motion for new trial the appellant attached an affidavit from his son, Bradley Bothwell, a witness for the...

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