State v. Breaker

One James Kubicka burglarized his brother’s house at 610 North Lexington Street, Hastings, Nebraska, about 6 p.m., July 4, 1964. Defendant Donald Breaker was prosecuted in this action for the crime as an aider, abettor, or procurer under the terms of section 28-201, R. R. S. 1943, which provides that such aider or abettor shall be guilty as a principal. The defendant was found guilty by a jury and appeals from the conviction and sentence, asserting the insufficiency of the evidence and error by the trial court in not instructing on its own motion as to the issue of voluntariness of an oral…