Nebraska Supreme Court November 24, 1967, 36636 (Huffman v. Sigler)

Boslaugh, J.

The defendant was convicted of breaking and entering with intent to steal and sentenced to 15 years.’ imprisonment. The judgment was affirmed by this court upon appeal. State v. Huffman, 181 Neb. 356, 148 N. W. 2d 321. The defendant now asks to be discharged from custody upon the ground that his sentence in 1966 as a habitual criminal was unauthorized.