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Wheeler v. State

531 P.2d 1358, 91 Nev. 119, 1975 Nev. LEXIS 559
CourtNevada Supreme Court
DecidedFebruary 26, 1975
Docket7531
StatusPublished
Cited by21 cases

This text of 531 P.2d 1358 (Wheeler v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wheeler v. State, 531 P.2d 1358, 91 Nev. 119, 1975 Nev. LEXIS 559 (Neb. 1975).

Opinion

OPINION

Per Curiam:

Michael J. Wheeler, the appellant, was found guilty by jury verdict of robbery. NRS 200.380. The sole issue on appeal is whether the evidence was sufficient to support the verdict.

*120 “On appeal, the issue is not whether this court would have found appellant guilty, but whether the jury properly could.” Anstedt v. State, 89 Nev. 163, 165, 509 P.2d 968 (1973). “The jury is the sole and exclusive judge of the credibility of the witnesses and the weight to be given the evidence.” King v. State, 87 Nev. 537, 538, 490 P.2d 1054 (1971).

Appellant’s first contention is that the testimony of four eyewitnesses was so similar that there must have been a prearranged plan among them to so testify. The record supports no such allegation of collusion among the witnesses and the eyewitness testimony is otherwise compelling. Appellant next argues that his alibi evidence was sufficient to acquit him. The jury apparently chose not to accept such evidence as was its right.

There is substantial evidence in the record to support the jury’s verdict of guilty. The judgment of conviction is affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
531 P.2d 1358, 91 Nev. 119, 1975 Nev. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-state-nev-1975.