Fullerton v. State

Defendant was convicted on an information charging that he did forcibly break and enter a motor vehicle with the intent to steal therefrom property of value contained within the motor vehicle. He brings proceedings in error to reverse his conviction.

Section 28-531.02, R. S. 1943, provides in part: “Every person who shall break and enter, or enter without breaking, at any time, any motor vehicle, with intent to commit the crime of larceny, shall be deemed guilty of a felony, * *

The first question raised is whether or not the evidence is sufficient to sustain the verdict.

There is evidence in…