BLUE, District Judge.
Defendant, Pat L. Classen, was convicted by a jury of the crime of breaking and entering. A motion for new trial was filed and overruled. An appeal was taken to this court.
The evidence at the trial was that sometime between 6:30 p. m., on October 11, 1976, and 6:45 a. m., on October 12, 1976, a grain bin on the Gary Odvody farm near Malmo, Nebraska, was broken into and a quantity of soybeans was removed therefrom. Gary Odvody discovered...
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