STATE v. CAMPBELL

No. 38897.

208 N.W.2d 670 (1973)

190 Neb. 394

STATE of Nebraska, Appellee, v. John Henry CAMPBELL, Appellant.

Supreme Court of Nebraska.

June 22, 1973.


Attorney(s) appearing for the Case

Casey & Elworth, Frances M. Casey, Plattsmouth, for appellant.

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

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


SMITH, Justice.

In a criminal prosecution a jury returned a verdict of guilty against defendant on counts of robbery and burglary of a dwelling. Defendant appeals. He contends (1) evidence of a breaking was insufficient in that he entered through an open window and (2) the court erroneously overruled his objection to the array which included no Negroes, although defendant is himself a Negro.

The dwelling in question was a recreational cabin, the south side...

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