274 N.W.2d 165 | Neb. | 1979
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 circumstances tending to connect the accused with the crime charged are of such a conclusive nature as to exclude to a moral certainty every rational hypothesis except that of guilt.” State v. Journey, 201 Neb. 607, 271 N. W. 2d 320.
The defendant was identified by the manager of the Thomsen Music store as having been in his store on January 26, 1978, for approximately 1 hour with a companion, Mark Trautner. The two parties were
Shortly before 6 a.m., on January 27, 1978, Sergeant Larsen of the Lincoln Police Department was driving his cruiser northbound on 48th Street approaching St. Paul Street when he observed a man running in an easterly direction along the sidewalk area on the south side of St. Paul Street in the crosswalk on No. 48th Street carrying a guitar in each hand. The intersection of St. Paul and 48th Streets is less than 1 block from Thomsen Music store. One of the guitars was dark colored and the second guitar was lighter. The light was sufficient for him to identify the tags attached to the guitars. The person was observed by Sergeant Larsen to be wearing a green hooded parka with the hood up and the strings closed around the hood and blue jeans. Sergeant Larsen followed the suspect for a time. He observed the suspect climb a fence and then later observed two guitars, one approximately 75 feet from the fénce and one in a driveway nearby. When the officer observed the suspect climbing the fence, he drove his automobile to the alley which runs opposite the direction in which the suspect was traveling, did not observe him, and returned to the fence. Sergeant Larsen observed tracks, which appeared to be those of a hiking boot and a sole of a type characterized as a “waffle stamper, ” at the residence at 2621 No. 49th Street. He also observed a door ajar. As he approached the residence, two persons came out the door, one identified as a Joe Holm who is a resident at the address and the other, defendant William Whitney. The defendant was arrested at that time. He was then wearing a green hooded parka with the hood drawn tightly over his head, blue jeans, and hiking boots, which were later examined
The judgment of the trial court was correct and is hereby affirmed.
Affirmed.