Dyson v. State

Eldred, District Judge.

The plaintiff in error, hereinafter called the defendant, was convicted of the offense of burglary. The information charges that the offense was committed on the 1st day of November, 1920, in Morrill county, Nebraska, by breaking and entering a certain box car of the Chicago, Burlington & Quincy Bailroad Company, with the intent to steal goods of the said company. It is not contended that the defendant personally or alone committed the act charged. The theory of the prosecution is that the accused was one of three parties who were present at the time of the alleged…