[DOWNLOAD] "State Nebraska v. Robert Eugene Whited" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Robert Eugene Whited
- Author : Supreme Court of Nebraska
- Release Date : January 24, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The defendant was convicted in the district court for Douglas County of the crime of burglary. Defendant was sentenced and
an appeal was thereafter perfected to this court. The evidence shows that one Zielinski was serving as a night watchman for the Rosen-Novak Company at 2034 Farnam Street,
Omaha, Nebraska, during the night of September 14, 1966. While he was sitting in an automobile in a showroom adjoining the
office, Zielinski heard a disturbance. He then saw a man enter the office with a prying bar and begin to enter the cash register.
Zielinski took a description of the man and called the police. Two cruiser police cars approached the Rosen-Novak place of
business, one from the front and the other from the rear. Patrolman Bloemer arrived at the front of the building and was told
by Zielinski that the burglar was wearing a gray sweater, dark trousers, with no hat or cap. He was further described as light-complected
and a kind of a "baldy fellow." Bloemer repeated the description to Patrolman Sgroi who had approached the rear of the place
of business. Sgroi said he had seen such an individual so dressed as he came into the alley. He left in his police car and
returned with the defendant whom Zielinski promptly identified as the burglar he had seen entering the cash register. That
defendant fit the description given by Zielinski is quite evident. A pry bar was found a short distance from the rear door
of the burglarized building which, when compared with the door, appeared to be the one used or similar to the one used in
gaining entry. The pry bar was found along the route taken by the defendant when he was first observed by Patrolman Sgroi.
The defendant denied that he entered the Rosen-Novak building. He testified that he was in the Sportsman's Bar from 7 p.m.
to 11:30 p.m., at which latter time he left by the rear door. The Sportsman's Bar was three-fourths of a block east of the
Rosen-Novak building, the rear doors of each leading to the same alley. Defendant testified that he was requested to leave
the Sportsman's Bar. The bartender remembered the incident but had no recollection of the date on which it occurred. Defendant
testified that he had been convicted of five previous felonies. The evidence was conflicting and the determination of the
facts was for the jury.