State v. MacKey

Kuns, Retired District Judge.

The defendant, Emmett Lee Mackey, was convicted of the felonious entry of a cafeteria in Gage County, Nebraska. He has appealed from the order overruling his motion for new trial. He assigns errors in the proceedings, as follows: (1) That sec tion 28-533, R. R. S. 1943, is unconstitutional; (2) that his court appointed counsel was inadequate; (3) that the evidence was insufficient to support the verdict; (4) that the trial court failed to instruct on a lesser-included offense; and (5) that instruction No. 5 given to the jury was erroneous.

The record shows the…