State v. Lincoln

The defendant appeals from the denial of an evidentiary hearing on his motion for post conviction relief. His original conviction and sentence were affirmed on direct appeal in State v. Lincoln, 183 Neb. 770, 164 N. W. 2d 470.

The motion is essentially directed to three issues which provide the alleged grounds for relief: (1) Overruling of a motion for continuance based on a delayed endorsement of witnesses and advance of trial date; (2) denial of a motion for mistrial based on statements made by the prosecuting attorney in opening argument; and (3) an allegedly erroneous instruction to the…