State v. Ewert

This is an appeal from an order denying the motion of the defendant, filed in the original action, to vacate a conviction for violation of subsection (1) (f) of section 28-4,127, R. S. Supp., 1974. The ground for the motion is that the judgment of conviction is a nullity because the defendant was charged with having violated the statute on February 19, 1971, and that statute, which .is a part of the Controlled Substances Act, did not become law until May 26, 1971. The record shows that the specific charge was that on February 19, 1971, the defendant “did then and there keep or maintain a…