Lyons v. State

The defendant was .charged with breaking and entering a building on January 23, 1951, in the city of Omaha, Douglas County, Nebraska. The jury returned a verdict of guilty and defendant was sentenced to serve 5 years in the State Penitentiary. Defendant prosecutes-error to this court.

The defendant was found by the Omaha police while in the act of robbing the Stevens Cigar Store at 4909 South Twenty-fourth Street in that city. The evidence amply establishes that defendant broke into and entered the store. The defendant admits being in the store but claims to have no recollection as to how he…