Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF NEBRASKA, APPELLEE, v. WARDELL NELSON SMITH, APPELLANT.

Criminal Law: New Trial. The record in this case fails to show that defendant was unavoidably prevented from filing his motion for a new trial within the statutory time.

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, 25-1143, R.R.S. 1943; Roggencamp v. Dobbs, 15 Neb. 620, 20 N.W. 100.

AFFIRMED.

Use AI to get other relevant cases.

Comments

STATE v. SMITH
(Jan 5, 1968)