State v. Garza

Appellant, Michael Garza, has appealed his felony conviction under section 28-532, R. R. S. 1943. The specific language of the information charged that he “did willfully, maliciously, and forcibly and with the intent to commit rape on the person of Vida (sic) M. ■Cernius in the dwelling hereinafter described, break and enter into said dwelling located at 3407 V Street, in the City of Omaha.” The jury returned a verdict of guilty, and the trial court sentenced appellant to serve a term of ,10 years in the Nebraska Penal and Correctional Complex. The appellant assigns as error the action of the…