State v. Senn, 295 Neb. 315

Joseph D. Senn, Jr. was tried for multiple offenses after an altercation during which he allegedly retrieved a handgun from a U-Haul, pointed it at Buckley Auxier, and fired; he was acquitted of all charges except carrying a concealed weapon.
After the incident, officers stopped the U-Haul; officers found a 9mm handgun inside a blue manufacturer’s box located behind the passenger seat, partially behind the seat and against the right-side wall of the cab.
Officers testified the firearm was on the passenger side and could not be reached by the driver while driving; Senn admitted the gun was his but denied firing it that day.
A forensic scientist linked a spent shell casing found on Buckley’s property to the handgun; witnesses disputed when the casing had been fired.
The district court instructed the jury using the statutory language of Neb. Rev. Stat. § 28-1202 (carrying a weapon concealed "on or about his person"); the jury convicted Senn of carrying a concealed weapon.
The Nebraska Court of Appeals reversed for insufficient evidence, reasoning the gun was not within immediate physical reach while driving; the Nebraska Supreme Court granted further review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove the handgun was "concealed on or about" Senn's person under § 28-1202	Gun located in the cab of the vehicle operated by Senn was in proximity and accessible enough to satisfy the statute; jury could infer concealment at relevant times	Gun was not within immediate physical reach while driving; location behind passenger seat precludes "on or about" Senn's person	Reversed Court of Appeals; evidence sufficient for jury to find gun concealed on or about Senn given placement in driver compartment and jury's factfinding
Whether the appellate court could consider an alternative theory (weapon carried earlier when shooting occurred) raised on appeal	State argued jury could have found concealment at the time of the alleged shooting prior to the traffic stop	Senn argued evidence at trial did not support that theory / Court of Appeals said the State hadn’t argued it at trial	Supreme Court declined to decide this assignment because reversal on sufficiency made the issue unnecessary

State v. Saccomano, 218 Neb. 435 (weapon in vehicle is concealed if convenient of access and within immediate physical reach)
State v. Goodwin, 184 Neb. 537 (weapon in accessible compartment of vehicle operated by defendant can be "on or about" person)
Kennedy v. State, 171 Neb. 160 (weapon "readily accessible" on person or in motor vehicle operated by defendant constitutes concealment)
State v. Erpelding, 292 Neb. 351 (proper to instruct jury using statutory language of offense)
State v. Irish, 292 Neb. 513 (standard for sufficiency review: view evidence in light most favorable to prosecution)
State v. McCave, 282 Neb. 500 (appellate court may only set aside guilty verdict where evidence lacks legal probative value)
State v. Planck, 289 Neb. 510 (appellate courts need not decide unnecessary issues)
Nelson v. Cool, 230 Neb. 859 (appellate courts generally decide cases on theories presented at trial)