State v. Kirby

This is a post conviction proceeding. The defendant was charged with first degree murder, found guilty by a jury, and sentenced to life imprisonment in the Nebraska Penal and Correctional Complex. On July 27, 1976, the defendant filed a motion to vacate sentence in the District Court for Douglas County, Nebraska. The defendant’s application for post conviction relief was denied and the defendant appeals. We affirm the judgment of the District Court.

The defendant’s trial in the original cause was set for January 6, 1969. On December 27, 1968, a hearing was held on the defendant’s motion for a…