Burnett v. State

This case is before us for a second time. A statement of the complaint and of the facts will be found in the opinion of Barnes, J., upon the former hearing. Burnett v. State, 86 Neb. 11. The former conviction was set aside upon questions of practice and error in the instructions, but, in addition thereto, the court had grave doubts as to the guilt of the defendant. Upon the second trial the defendant was again found guilty and sentenced to be confined for a term of 20 days in the county jail of Phelps county. While we still entertain doubt as to the defendant’s guilt, yet, two juries having…