STATE v. MILLER

No. 82-711.

337 N.W.2d 424 (1983)

215 Neb. 145

STATE of Nebraska, Appellee, v. Leo A. MILLER, Jr., Appellant.

Supreme Court of Nebraska.

August 5, 1983.


Attorney(s) appearing for the Case

Robert M. Cook, Norfolk, for appellant.

Paul L. Douglas, Atty. Gen., and Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.


PER CURIAM.

After trial to a jury the defendant was convicted of burglary and sentenced to imprisonment for 10 years after having been determined to be an habitual criminal. He has appealed and contends the trial court erred in refusing his request to instruct the jury as to the lesser-included offense of criminal trespass.

The record shows that the defendant was found inside Ted's Cafe in Norfolk, Nebraska, at about 1:30 a.m. on July 4, 1982. The cafe had...

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