Nebraska Supreme Court, 1968

State v. Smith

Nebraska Supreme Court · Decided January 5, 1968 · White, Carter, Spencer, Boslaugh, Smith, McCown, Newton

155 N.W.2d 368; 182 Neb. 458; 1968 Neb. LEXIS 411 (North Western Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Wardell N. Smith v. Warden Charles Wolff, Nebraska State Penitentiary (8th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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