State v. Theus

The opinion of the court was delivered by

Foth, C.:

Appellant was convicted by a jury of first degree murder and sentenced to life imprisonment in accordance with the jury’s verdict. He appeals from the judgment of conviction and sentence, and from the court’s order overruling his motion for a new trial, both entered March 11, 1970.

One of appellant’s contentions here, as in the trial court, goes to the weight of the evidence. He claims that the state’s evidence was insufficient to go to the jury, and his motion for discharge at the close of the state’s case should therefore have been sustained.…