From Casetext: Smarter Legal Research

State v. DeBerry

Supreme Court of Nebraska
Mar 7, 1974
215 N.W.2d 73 (Neb. 1974)

Opinion

No. 39232.

Filed March 7, 1974.

Appeal and Error: Evidence. In the absence of a proper bill of exceptions, any assignment of error that requires an examination of evidence cannot prevail on appeal.

Appeal from the District Court for Douglas County: SAMUEL P. CANIGLIA, Judge. Affirmed.

Earl E. DeBerry, pro se.

Clarence A. H. Meyer, Attorney General, and Harold S. Salter, for appellee.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and COLWELL and WARREN, District Judges.


In this post conviction action the defendant alleges by way of conclusions that he was denied "right to representation by competent counsel. * * * The unconstitutional suppression of evidence by the state. * * * The use by the state of testimony known to it to be perjured." While there are allegations of fact to support these statements of conclusions in the pleadings and, although the record shows that a hearing was held, there is no bill of exceptions in this post conviction case. The pleadings do not afford a basis for granting relief and there is no evidence before the court by which any factual issue could be reviewed. In the absence of a proper bill of exceptions, any assignment of error requiring an examination of evidence cannot prevail on appeal.

The judgment of the District Court is correct and is affirmed.

AFFIRMED.


Summaries of

State v. DeBerry

Supreme Court of Nebraska
Mar 7, 1974
215 N.W.2d 73 (Neb. 1974)
Case details for

State v. DeBerry

Case Details

Full title:STATE OF NEBRASKA, APPELLEE, v. EARL E. DeBERRY, APPELLANT

Court:Supreme Court of Nebraska

Date published: Mar 7, 1974

Citations

215 N.W.2d 73 (Neb. 1974)
215 N.W.2d 73

Citing Cases

DeBerry v. Wolff

The trial court denied relief, and appeal was again taken to the Nebraska Supreme Court. That court again…