State v. Miller

After trial to a jury the defendant was convicted of burglary and sentenced to imprisonment for 10 years after having been determined to be an habitual criminal. He has appealed and contends the trial court erred in refusing his request to instruct the jury as to the lesser-included offense of criminal trespass.

The record shows that the defendant was found inside Ted’s Cafe in Norfolk, Nebraska, at about 1:30 a.m. on July 4, 1982. The cafe had been closed since about 2:30 p.m. on July 3. The screen on the outside rear door had been torn away and the glass in the door had been broken. A file…