State v. Smith

Nebraska Supreme Court

State v. Smith

155 N.W.2d 368, 182 Neb. 458, 1968 Neb. LEXIS 411

CourtNebraska Supreme Court

DecidedJanuary 5, 1968

Docket36639

StatusPublished

Cited by1 cases

This text of 155 N.W.2d 368 (State v. Smith) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Smith, 155 N.W.2d 368, 182 Neb. 458, 1968 Neb. LEXIS 411 (Neb. 1968).

Pincite

Opinion

Smith, J.

In this post conviction proceeding the district court overruled defendant’s motion for a new trial because the motion had been filed out of time. Defendant contends on appeal that he was unavoidably prevented from filing the motion timely. No' such statement appears in the motion itself, and the bill of exceptions discloses nothing relevant. The, judgment is affirmed. See, § *459 25-1143, R. R. S. 1943; Roggencamp v. Dobbs, 15 Neb. 620, 20 N. W. 100.

Affirmed.

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Smith, J.

In this post conviction proceeding the district court overruled defendant’s motion for a new trial because the motion had been filed out of time. Defendant contends on appeal that he was unavoidably prevented from filing the motion timely. No' such statement appears in the motion itself, and the bill of exceptions discloses nothing relevant. The, judgment is affirmed. See, § *459 25-1143, R. R. S. 1943; Roggencamp v. Dobbs, 15 Neb. 620, 20 N. W. 100.

Affirmed.

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Bluebook (online)

155 N.W.2d 368, 182 Neb. 458, 1968 Neb. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-neb-1968.

Opinion

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