State v. Gero

The defendant was convicted of forcible rape and sentenced to 20 years’ imprisonment. The conviction was affirmed in State v. Gero. 184 Neb. 107, 165 N. W. 2d 371.

On January 9, 1970, the defendant filed a lengthy motion to vacate and set aside his conviction and sentence under the Post Conviction Act. The trial court then appointed counsel to represent the defendant. After hearing argument by counsel the trial court found that the defendant was entitled to no relief and overruled the motion. The defendant has appealed.

The defendant’s principal assignment of error, and the only one which…