State v. McPhail

Colwell, D.J., Retired.

Defendant, Milton L. McPhail, appeals his convictions by a jury of the crimes of robbery, Neb. Rev. Stat. § 28-324(1) (Reissue 1985), and using a weapon to commit a felony, Neb. Rev. Stat. § 28-1205 (Reissue 1985). He assigns three errors: (1) denying defendant’s pretrial motion to dismiss court-appointed counsel and to appoint substitute counsel; (2) denying his motion to dismiss for failure of the State to prove a prima facie case; and (3) failing to grant a new trial or, in the alternative, dismissing the case at the end of the evidence because the circumstantial…