State v. Losieau

Walter H. Smith, District Judge.

This is an appeal from the overruling of a motion to vacate and set aside a conviction and sentence for burglary and a sentence under the Habitual Criminal Law and from the, overruling of a motion for new trial, brought under the provisions of the Post Conviction Act.

The record shows that the defendant, Robert William Losieau, was found guilty by a jury of the crime of burglary under section 28-532, R. R. S. 1943, as alleged in Count I, and was found by the trial court to be a habitual criminal as alleged in Count II of the information. On January 12, 1962,…