State v. Ryan

196 N.W.2d 919, 188 Neb. 381, 1972 Neb. LEXIS 821

• Court: Nebraska Supreme Court
• Decided: April 27, 1972
• Docket: 38248
• Status: Published

Opinion

Newton, J.

This is an appeal from a conviction for burglary. The sole assignment of error is that the evidence is insufficient to sustain the conviction. We affirm the judgment of the district court.

A motion for new trial Was not filed- in this case. “In order to obtain- a review of alleged errors occurring during the trial, such errors must b'é pointed out to the trial court in a motion'for a new trial and a ruling obtáined thereon.” State v. Stanosheck, 186 Neb. 17, 180 N. W. 2d 226. See, also, Kennedy v. State, 170 Neb. 193, 101 N. W. 2d 853.

A review of the record in this case reveals ample evidence to sustain the verdict of guilty. “In a criminal case this court will not interfere with a verdict of guilty based upon the evidence unless it is so lacking in .probative force, that we can say as a matter of law that it is insufficient to support a finding of guilt beyond a reasonable doubt.” , State v. Goodwin, 184 Neb. 537, 169 N. W. 2d 270.

The judgment of the district 'Court is affirmed.

Affirmed.