State v. Atwater

Defendant prosecutes this appeal from a robbery conviction on which he was sentenced to a term of 8 to 25 years in the Nebraska Penal and Correctional Complex. He premises his appeal on two allegations: (1) The trial court committed reversible error in failing to grant a mistrial; and (2) the sentence was excessive. We reverse the conviction herein for the failure of the trial court to grant a mistrial for the inexcusable conduct of the prosecution in presenting before the jury possible inferences of previous crimes on the part of the defendant.

Defendant was charged with participating in an…