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STATE v. WHITNEY

No. 42166.

274 N.W.2d 165 (1979)

202 Neb. 149

STATE of Nebraska, Appellee, v. William WHITNEY, Appellant.

Supreme Court of Nebraska.

January 17, 1979.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, George R. Sornberger, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and BLUE, District Judge.

C. THOMAS WHITE, Justice.

The defendant was convicted of the offense of burglary of the Thomsen Music store, 2641 No. 48th Street, Lincoln, Nebraska. Defendant appeals. The defendant assigns one error in this court, i. e., the verdict is not sustained by sufficient evidence and is contrary to law. We affirm.

"The test of the sufficiency of circumstantial evidence in a criminal prosecution is whether the facts and...

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