Phillips v. State

An information charged defendant with unlawful possession of certain described instruments and tools, with intent feloniously to break and enter into a building containing valuable property. Upon a plea of not guilty, he was tried to a jury and found guilty as charged. His motion for new trial was overruled, and in the light of plaintiff’s previous record, as was done and approved in Maher v. State, 144 Neb. 463, 13 N. W. 2d 641, the trial court sentenced defendant to serve four years in the Nebraska State Penitentiary. In that connection, the sentence imposed was less than the five year…