State v. Dietz

ZASTROW, Justice.

The defendant was charged with third degree burglary of the Hurley Municipal Bar (Bar) on March 23, 1975. At his trial in Turner County, the jury returned a guilty verdict and the defendant was sentenced to six years in the state penitentiary. The defendant appeals from the judgment and conviction and questions the sufficiency of the evidence to support the verdict. *

The evidence introduced by the state was clearly circumstantial. In determining the sufficiency of evidence on appeal, the question presented is whether or not there is evidence in the record which, if believed…