State v. Contreras

DREW, Justice.

The sole question presented here is whether the sufficiency of the evidence in a criminal trial may be questioned on appeal in the absence of a motion for a new trial duly filed in the trial court wherein such question is appropriately raised and passed upon by the trial court. The district court held that the filing of such motion for a new trial was not an indispensable condition precedent to a review of the sufficiency of the evidence on appeal, relying upon its decision filed November 22, 1968, in Wright v. State.1

The Wright case, supra, was reviewed by this Court and on…