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STATE v. BRINER

No. 41169.

255 N.W.2d 422 (1977)

198 Neb. 766

STATE of Nebraska, Appellee, v. Donald Eugene BRINER, Appellant.

Supreme Court of Nebraska.

June 29, 1977.

Attorney(s) appearing for the Case

McCarthy, McCarthy & Vyhnalek, North Platte, for appellant.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

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

SPENCER, Justice.

Defendant, Donald Eugene Briner, was convicted by a jury of possession of burglary tools with the intent to use them to break and enter. He received a term of 1 to 1½ years in the Nebraska Penal and Correctional Complex. He appeals, alleging three assignments of error. First, the statute is unconstitutional. Second, the testimony of one of the State's witnesses was unduly prejudicial. Third, the sentence...

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