STATE v. EARLYWINE

No. 39231.

215 N.W.2d 895 (1974)

191 Neb. 533

STATE of Nebraska, Appellee, v. Kenneth M. EARLYWINE, Appellant.

Supreme Court of Nebraska.

March 21, 1974.


Attorney(s) appearing for the Case

Richard J. Bruckner of Schrempp, Bruckner & Dinsmore, Omaha, for appellant.

Herbert M. Fitle, City Atty., Gary P. Bucchino, City Prosecutor, Richard J. Epstein, Asst. City Prosecutor, Omaha, for appellee.

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


NEWTON, Justice.

The defendant was charged with, and convicted of, trespassing under an ordinance of the City of Omaha, Nebraska. He appeals to this court on the ground that the evidence is insufficient to sustain his conviction. We reverse the judgment of conviction and dismiss the case.

A portion of the property of W. T. Grant's store was surrounded by a high steel fence with a gate which could be readily opened when not locked. The gate was normally locked...

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