State v. Ohler

I dissent from the majority opinion because I believe while it gives. lip> service to it, it fails to apply the well-established law of this jurisdiction.

The only question presented by this appeal is the sufficiency of the evidence, which is wholly circumstantial, to sustain a conviction. The sufficiency of this, evidence must be established in the light of well-established rules of law. See Kitts v. State, 153 Neb. 784, 46 N. W. 2d 158. In that case we said: “The test by which to- determine the sufficiency of circumstantial evidence in a criminal prosecution is whether the facts and…