STATE v. SUTTON

No. 84-728.

368 N.W.2d 492 (1985)

220 Neb. 128

STATE of Nebraska, Appellee, v. Robert A. SUTTON, Appellant.

Supreme Court of Nebraska.

May 31, 1985.


Attorney(s) appearing for the Case

James P. Miller and Owen A. Giles, Omaha, for appellant.

A. Eugene Crump, Deputy Atty. Gen. and Lynne R. Fritz, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


BOSLAUGH, Justice.

The defendant, Robert A. Sutton, was convicted of burglary and robbery and sentenced to 3 years' probation. One of the conditions of probation was that the defendant be confined in jail for 90 days and make restitution. The defendant has appealed and contends the evidence was insufficient to support a finding of guilty.

The record shows that the victim, Bonnie Stephens, lived in a third-floor apartment in Bellevue, Nebraska. The theory of...

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