State v. Wycoff

After a jury verdict of guilty, defendant, having been found by the court to be a habitual criminal, was sentenced on February 4, 1965, to' concurrent terms of 10 years for the crimes of breaking and entering and possession of burglary tools. No appeal was taken. On November 3, 1965, defendant filed this motion for a new trial under section 29-2101, R. R. S. 1943, on the ground of newly discovered evidence. The motion was overruled and this appeal followed.

Only the facts necessary for the disposition of this appeal will be recited. About 1 or 2 o’clock in the morning of August 28, 1964, the…