Yeager v. State

The defendant was charged in the district court of Pottawatomie county with the crime of burglary in the second degree after former conviction ■of a felony; was tried, convicted and sentenced to serve ten years in the State Penitentiary, and has appealed.

On behalf of the defendant it is contended that the evidence is insufficient to show that a burglary was committed by defendant, and, secondly, the trial court erred in refusing to submit to the jury the issue as to whether the defendant had committed the included offense of entering a building under circumstances not amounting to burglary as…