Nebraska Supreme Court January 7, 1972, No. 38132 (State v. Waters)

Smith, J.

A jury found Eugene A. Waters guilty of burglary, this court having granted him a new trial in State v. Waters, 186 Neb. 257, 182 N. W. 2d 214 (1970). On appeal he assigns insufficiency of the evidence for error.

Someone broke into a gas station at Table Rock at night on November 21-22, 1969, a Friday and Saturday. A few small coins and checks were lying in the area. The.