State v. Back

Richard G. Back appeals his conviction, following a jury trial, of motor vehicle homicide, a violation of Neb. Rev. Stat. § 28-306(1) (Reissue 1989).

Back assigns as error the trial court’s failure to grant the defendant’s motion for dismissal at the close of the State’s evidence “with respect to the charge of driving ‘while under the influence,’ ” the court’s overruling of defendant’s motion for a new trial and “finding there was sufficient evidence to support the conviction that defendant was driving ‘under the influence,’ ” the refusal of the trial court to submit to the jury the…