State v. Johnson

Following a jury trial, defendant, Danny B. Johnson, was convicted of burglary, a Class III felony, in violation of Neb. Rev. Stat. § 28-507 (Reissue 1989). He was sentenced to a term with the Nebraska Department of Correctional Services for 18 months to 3 years.

The defendant has appealed, assigning as error (1) the insufficiency of the evidence, (2) the admission of hearsay statements, (3) the admission of statements made by defendant’s wife in violation of the spousal privilege, (4) the giving of certain instructions, and (5) the excessiveness of the sentence. We affirm.

During the nighttime…