State v. Birdwell

The defendants were convicted of burglary upon pleas of guilty. The convictions were affirmed in State v. Green, 185 Neb. 673, 178 N. W. 2d 271, and State v. Birdwell, 185 Neb. 676, 178 N. W. 2d 270. Thereafter the defendants filed separate motions for post conviction relief which were denied on March 22, 1971, without an evidentiary hearing. Since the motions present identical grounds for relief, we consider the appeals together.

The defendants alleged their convictions; are void because they were bound over to the district court by an acting county judge whose appointment had expired; their…