STATE v. LINCOLN

No. 36976.

164 N.W.2d 470 (1969)

183 Neb. 770

STATE of Nebraska, Appellee, v. Edward Lee LINCOLN, Appellant.

Supreme Court of Nebraska.

January 24, 1969.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Lynn R. Carey, Jr., Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and MORAN, District Judge.


McCOWN, Justice.

Defendant, Edward Lee Lincoln, was found guilty by a jury on a charge of burglary. On appeal, the contention is that it was reversible error to instruct the jury on the issue of flight.

At about 3:15 a. m., on December 23, 1967, a window at the Borsheim Jewelry Store was broken and various items taken from the window display. The store is located at Sixteenth and Harney Streets in downtown Omaha. The display window was equipped with an ADT...

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