STATE v. CARPENTER

No. 36507.

150 N.W.2d 129 (1967)

181 Neb. 639

STATE of Nebraska, Appellee, v. Stuart CARPENTER, Appellant.

Supreme Court of Nebraska.

April 21, 1967.


Attorney(s) appearing for the Case

Kerrigan, Line & Martin, Fremont, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

Merritt James, Miles W. Johnston, Jr., Lincoln, for amicus curiae.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SPENCER, Justice.

This is a felony action in which the defendant was prosecuted under two separate informations, one charging possession of burglary tools, and the other breaking and entering. On defendant's motion, the informations were consolidated for trial. Jury was waived by the defendant and the State, and the court, sitting without a jury, found the defendant guilty on both informations. Defendant has perfected an appeal to this court.

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