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STATE v. WATERS

No. 38132.

193 N.W.2d 453 (1972)

187 Neb. 660

STATE of Nebraska, Appellee, v. Eugene A. WATERS, Appellant.

Supreme Court of Nebraska.

January 7, 1972.

Attorney(s) appearing for the Case

Peter B. Beekman, Falls City, for appellant.

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

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

SMITH, Justice.

A jury found Eugene A. Waters guilty of burglary, this court having granted him a new trial in State v. Waters, 186 Neb. 257, 182 N.W.2d 214 (1970). On appeal he assigns insufficiency of the evidence for error.

Someone broke into a gas station at Table Rock at night on November 21-22, 1969, a Friday and Saturday. A few small coins and checks were lying in the area. The intruder...

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