Kitts v. State

The first and second counts of an information filed in the district court for ' Douglas County respectively charged defendant with-burglary and possession of certain described instruments or tools with intent to commit a burglary. A third count therein charged that defendant was a habitual criminal: At arraignment, defendant *681stood mute upon advice of his counsel, and the trial court entered a plea of not guilty. Trial to a jury was had upon the first and second counts respectively, whereat defendant was found guilty as charged. Defendant’s motion for new trial was overruled, and thereafter…