Opinion
Appeal from Lee District Court, J.R. Leary, Judge.
Paul R. Ellenburg, pro se.
Richard C. Turner, Atty. Gen., for appellee. PER CURIAM.
Defendant, Paul R. Ellenburg, was charged by indictment with the crime of breaking and entering a drug store at Fort Madison with intent to commit a public offense therein in violation of section 708.8, Code 1962.
His brother, Alvin Gene Ellenburg, was also so charged. Each entered a plea of guilty, was sentenced and then appealed.
We have reviewed the facts, which are the same in each case, in our opinion in State v. Ellenburg, 149 N.W.2d 122, filed simultaneously herewith and do not repeat them here. The applicable law is the same. That opinion is decisive of this appeal.
Affirmed.