LEISTRITZ v. STATE

No. 34155.

85 N.W.2d 318 (1957)

165 Neb. 220

Floyd LEISTRITZ, Plaintiff In Error, v. The STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

October 11, 1957.


Attorney(s) appearing for the Case

Charles A. Fisher, Chadron, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Gerald S. Vitamvas, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


CARTER, Justice.

The defendant was convicted of cattle stealing under section 28-510, R.R.S.1943. He claims error in that the evidence is insufficient to sustain a conviction and that the trial court erred in giving certain instructions and failing to give others requested by him.

The evidence of the State shows that on the night of February 5, 1956, defendant Leistritz together with Maurice O'Connor and George Piihl went upon the ranch lands of the Lakeside...

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