State v. Smith

The defendant, Perry K. Smith, was charged in the county court for Merrick County with procuring liquor for a minor in violation of Neb. Rev. Stat. § 53-180 (Reissue 1984). After trial to the court the defendant was found guilty and sentenced to 30 days in the county jail. On appeal to the district court for Merrick County, the conviction and sentence were affirmed.

In this appeal defendant assigns as error: (1) The admission into evidence of two beer cans upon insufficient foundation; (2) The insufficiency of the evidence to support the conviction; and (3) The imposition of an excessive…