STATE v. BIRGE

No. 83-095.

340 N.W.2d 434 (1983)

215 Neb. 761

STATE of Nebraska, Appellee, v. James E. BIRGE, Appellant.

Supreme Court of Nebraska.

November 28, 1983.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Victor Gutman, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Dale A. Comer, Asst. Atty. Gen., Lincoln, for appellee.

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


BOSLAUGH, Justice.

The defendant was convicted of burglary and sentenced to a prison term of 5 to 15 years. On appeal he contends the trial court erred when "mug shots" of the defendant were admitted into evidence without proper foundation, and because the photographs were prejudicial.

On May 27, 1982, a tenant at the Pleasant View West apartment complex heard hammering noises coming from one of the lower floors. The noise continued for some time and the tenant...

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