State v. Briner

Defendant, Donald Eugene Briner, was convicted by a jury of possession of burglary tools with the intent to use them to break and enter. He received a term of 1 to 1 y2 years in the Nebraska Penal and Correctional Complex. He appeals, alleging three assignments of error. First, the statute is unconstitutional. Second, the testimony of one of the State’s witnesses was unduly prejudicial. Third, the sentence imposed is excessive. We affirm.

Defendant was apprehended at approximately 3:30 a.m. on January 8, 1975, inside the stockade area of the Fort Cody Trading Post, a souvenir store located at…