State v. Livingston

This is a proceeding under the, Post Conviction Act, sections 29-3001 to 29-3004, R. S. S'upp., 1965, by which the defendant, Jesse Lee Livingston, asserts that his conviction and sentence to 6 years’ imprisonment for forcible rape were, invalid and void on constitutional grounds. After an evidentiary hearing, the trial court found the evidence was insufficient to sustain any relief and relief was denied. Defendant has appealed.

The defendant was charged with forcibly raping one June I. Killian on March 28, 1965. Defendant entered his plea of guilty to the charge and, after a presentence…