State v. Martin

A jury found defendant guilty of burglary, and the court sentenced him to imprisonment for 8 to 10 years. Defendant appeals. He complains that the court failed to instruct the jury on testimony of an accomplice and that the sentence was excessive.

No jury instruction on testimony of an accomplice was requested. Failure of the court to caution the jury on evidence given by an accomplice, in the absence of special request, will not ordinarily constitute reversible error. Cornell v. State, 138 Neb. 708, 294 N. W. 851 (1940), modified on other grounds, 139 Neb. 878, 299 N. W. 231 (1941). Refusal…