State v. Smith

Smith, J. In this post conviction proceeding the district court overruled defendant’s motion for a new trial because the motion had been filed out of time. Defendant contends on appeal that he was unavoidably prevented from filing the motion timely. No' such statement appears in the motion itself, and the bill of exceptions discloses nothing relevant. The, judgment is affirmed. See, § *459 25-1143, R. R. S. 1943; Roggencamp v. Dobbs, 15 Neb. 620, 20 N. W. 100. Affirmed.