Nebraska Supreme Court February 13, 1979, 42062 (State v. Newton)

McCown, J.

This is a post conviction proceeding to vacate and set aside a 1974 conviction and sentence for statutory rape. The District Court denied the petitioner’s motion for post conviction relief without granting an evidentiary hearing and this appeal followed.

On March 8, 1974, the petitioner was convicted by a jury of the offense of statutory rape under former section 28-408, R. R. S.