Phillips v. State

Plaintiff in error was convicted of the crime of burglary and was sentenced to confinement in the State Penitentiary as an habitual criminal. He brings the case to this court on error proceedings.

The evidence shows that on March 27, 1951, at about 3 a. m., two officers of the Omaha Police Department discovered that a door to a service station at Park Avenue and Farnam Street had been entered. They investigated and captured one Donaldson on the inside. Another man was observed running to a window through which he escaped. The officer, by the aid of his flashlight, saw the man as he went…