State v. Dalgliesh

HARRIS, Justice.

This appeal from convictions of breaking and enterng presents questions on a jury instruction, two motions for mistrial and a claim the trial court abused its discretion in imposing of sentence. We affirm.

Defendants were charged by county attorney’s informations with breaking and entering in violation of § 708.8, The Code. Upon their pleas of not guilty they stood trial before a jury which returned verdicts of guilty against both defendants.

Willie Earl Rucker testified defendants, during the evening of November 28, 1972, came to a bar where he was employed and told him someone…