STATE v. JACKSON

No. 37550.

180 N.W.2d 134 (1970)

186 Neb. 22

STATE of Nebraska, Appellee, v. Gary William JACKSON, Appellant.

Supreme Court of Nebraska.

October 9, 1970.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Lynn R. Carey, William D. Staley, Asst. Public Defenders, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty., Gen., Lincoln, for appellee.

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


NEWTON, Justice.

Defendant was convicted of burglary. His defense was that he was an innocent bystander and an unintentional participant in the crime. We affirm the judgment of the trial court.

An instruction on aiding and abetting was given. Defendant's sole contention on appeal is that the court failed to include in this instruction the element of "knowing" participation and wrongful intent.

The court did instruct that each instruction should be...

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