State v. Gallegos

Hamilton, District Judge.

Defendant appeals his conviction of attempted burglary. Defendant alleges four assignments of error, all of which are based upon the defendant’s contention that failure to consummate the substantive offense of burglary is an essential element of the offense of attempted burglary.

At the trial the evidence disclosed that law enforcement personnel in Chadron, Nebraska, enlisted the help of motel operators in an attempt to catch a burglar. The operator of the Westerner Motel in Chadron set up a room so that it appeared someone was in bed, put a wallet and keys on the…