State v. Spidell

In this post conviction case the defendant asserts that he was denied a speedy trial; that he was entitled to an evidentiary hearing on his petition for post conviction relief; and that he was erroneously sentenced under the indeterminate sentence statute. The District Court denied relief without holding an evidentiary hearing. We affirm the judgment of the District Court.

It is fundamental that in order to maintain an action under the Post Conviction Act the prisoner must allege facts which if proved would constitute an infringement of his constitutional rights. State v. Dabney, 183 Neb. 316,…