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SEDLACEK v. STATE

No. 34404.

90 N.W.2d 340 (1958)

166 Neb. 736

Charles SEDLACEK, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

May 31, 1958.

Attorney(s) appearing for the Case

J. A. Hayward, Lincoln, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

MESSMORE, Justice.

By petition in error Charles Sedlacek brings here for review the record of his conviction in the district court for Lancaster County for violation of section 28-533, R.R.S.1943. The material part of section 28-533, R.R.S.1943, is as follows: "Whoever willfully and maliciously, either in the daytime or night season, enters any * * * shop, store, warehouse, * * * and attempts to * * * rob or steal * * shall upon conviction thereof be sentenced to...

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