68 Neb. 207 | Neb. | 1903
The defendant was convicted in the district court of Oedar county of the crime of burglary, and has brought the case here for review. The information described the building as “a certain store house, commonly called a drug store, owned and occupied by Henry D. Sporlc and Loyd K. Spielman.” The proof Aims that the building Avas a drug store, and the question is whether, under the statute, a drug store is properly described in the information as “a certain store house, commonly called a drug store.” It could not be better described under our statute. If this description is bad, no prosecution can be had for the burglary of a drug store. The statute,
Objection is also made to other instructions of the court, nine of them being specified in the brief as erroneous, but without pointing out any particular in which we are able to discover error. Also a number of instructions were requested by the defendant and refused by the court. Upon examination of those requested we are unable to find any substantial matter which the defendant was entitled to have given to the jury not sufficiently and properly explained in the instructions given by the court.
The state showed, by the evidence of several witnesses, admissions made by the defendant as to his connection Avith the burglary complained of, and it is urged that it was not sufficiently shown that no inducements were offered the defendant to procure the admissions testified to, and in this connection it is shown that immediately after the defendant’s arrest, while the sheriff who arrested him was returning him to Hartington, where the crime was committed, the sheriff not only allowed the defendant to have intoxicating, drinks, but himself furnished such drinks to the defendant, and afterwards questioned the defendant in regard to the offense. Such conduct on the part of the sheriff is not justifiable, and under ordinary circumstances the admitting in evidence of the testimony in regard to admissions so obtained would be erroneous and require a reversal of the judgment of conviction, but in this case the evidence of the defendant himself shows that this conduct of the sheriff was due rather to thoughtlessness than to any attempt on his part to procure damaging evidence against the defendant, and also shows that the defendant afterwards, of his own free will, repeated the same statements to several other parties, and
We find no error in the record and the judgment is
Affirmed.
Criminal Code, sec. 48.