State v. Tomrdle

Marty R. Tomrdle was charged with burglary, Neb. Rev. Stat. § 28-507 (Reissue 1979), convicted, and sentenced to 5 to 10 years for the commission of that offense. Tomrdle assigns errors of the District Court as follows: (1) Failing to direct a verdict in favor of Tomrdle at the conclusion of the State’s case; (2) Overruling a motion in limine; (3) Overruling a plea in abatement; and (4) Abuse of discretion regarding the sentence imposed. The proceedings and judgment in the District Court are affirmed.

After drinking beers throughout the late hours of November 4, 1981, Ricky Marsoun, Kenneth…