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STATE v. BREAKER

No. 35967.

136 N.W.2d 161 (1965)

178 Neb. 887

STATE of Nebraska, Appellee, v. Donald BREAKER, Appellant.

Supreme Court of Nebraska.

July 2, 1965.

Attorney(s) appearing for the Case

George D. McArthur, Hastings, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., CARTER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and WESTERMARK, District Judge.

WHITE, Chief Justice.

One James Kubicka burglarized his brother's house at 610 North Lexington Street, Hastings, Nebraska, about 6 p.m., July 4, 1964. Defendant Donald Breaker was prosecuted in this action for the crime as an aider, abettor, or procurer under the terms of section 28-201, R.R.S.1943, which provides that such aider or abettor shall be guilty as a principal. The defendant was found guilty by a jury and appeals from the conviction and sentence, asserting...

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