STATE v. JOHNSON

No. 82-750.

336 N.W.2d 581 (1983)

214 Neb. 869

STATE of Nebraska, Appellee, v. Jerry W. JOHNSON, Appellant.

Supreme Court of Nebraska.

July 15, 1983.


Attorney(s) appearing for the Case

James P. Miller and Owen A. Giles, Papillion, for appellant.

Paul L. Douglas, Atty. Gen. and Patrick T. O'Brien, Lincoln, for appellee.

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


CAPORALE, Justice.

Defendant, Jerry W. Johnson, was charged with burglary and adjudged guilty pursuant to a jury verdict. In this appeal defendant attacks his identification as the party who committed the crime. We affirm.

The burglar was encountered by the identifying witness on and in the premises of a LaVista restaurant located at 72d and Harrison Streets in Sarpy County. The witness was a part-time janitor who, upon arriving at the scene at about 4:20...

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