State v. Moss

The defendant was convicted of sodomy, robbery,, and use of a firearm in the commission of a felony. The conviction was affirmed in State v. Moss, 187 Neb. 391, 191 N. W. 2d 543.

The defendant now seeks relief under the Post Conviction Act. His principal contention is that the trial court should have suppressed the identification testimony of two eyewitnesses who were the victims of the crimes. This issue was the principal matter considered on the first appeal. State v. Moss, supra. It has been fully litigated and cannot be relitigated by a motion for post conviction relief. State v. Franklin,…