STATE v. WALTRIP

No. S-91-010.

484 N.W.2d 831 (1992)

240 Neb. 888

STATE of Nebraska, Appellee, v. David L. WALTRIP, Appellant.

Supreme Court of Nebraska.

June 12, 1992.


Attorney(s) appearing for the Case

Thomas J. Garvey, Sarpy County Public Defender, and Robert C. Wester, Papillion, for appellant.

Don Stenberg, Atty. Gen., and J. Kirk Brown, Lincoln, for appellee.

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


BOSLAUGH, Justice.

After a trial to the court, the defendant, David L. Waltrip, was convicted of third degree assault and fined $200 plus costs. Upon appeal to the district court, the judgment was affirmed.

The defendant has now appealed to this court and contends that the evidence is insufficient to support the judgment.

When reviewing the sufficiency of the evidence to support a conviction in a criminal prosecution, it is not the province of an appellate...

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