Lee v. State

The information in this case' against the defendant, Howard Lee, charged a violation of section 28-537, Comp. St. 1929. The felony created by this statute “lies in the violence of or against the bank” or “putting in fear any person or persons in charge thereof,” coupled “with an intent to steal, take or carry away” any of the bank’s money or property. Smith v. State, 109 Neb. 579.

On this charge a trial to a jury was had, resulting in a verdict of guilty. Thereafter defendant’s motion for a new trial was overruled, and a sentence of confinement in the state penitentiary for the period of…