Whitman v. State

Ryan, C.

Plaintiff in error was convicted of the crime of burglary in the district court of Lancaster county, and was sentenced to an imprisonment of eighteen months’ duration, and to pay the costs of prosecution. On the hearing of the motion for a new trial there appears to have been used certain affidavits which are identified by a mere certificate of the clerk of the aforesaid district court. This did not cure the failure, by bill of exceptions, to render certain - the claim now made that they were used as evidence. (Zimmer*842man v. Klingeman, 31 Neb., 495; Fitzgerald v. Benadom, 35 Neb., 317;…