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State v. Bazer

Supreme Court of Nebraska
Mar 2, 1973
204 N.W.2d 799 (Neb. 1973)

Opinion

No. 38639.

Filed March 2, 1973.

Criminal Law: Trial: Indictments and Informations. The ruling of the trial court upon a motion for consolidation or severance of criminal prosecutions that might have been properly joined in a single indictment, information, or complaint will not be disturbed in the absence of an abuse of discretion.

Appeal from the district court for Douglas County: DONALD J. HAMILTON, Judge. Affirmed.

Frank B. Morrison, Sr., Thomas M. Kenney, and Stanley A. Krieger, for appellant.

Clarence A. H. Meyer, Attorney General, and Bernard L. Packett, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


In a criminal prosecution a jury found Raymond E. Bazer guilty, and he appeals. He asserts improper consolidation of his case with that against Thomas Turner for trial and insufficiency of the evidence.

The ruling of the trial court upon a motion for consolidation or severance of criminal prosecutions that might have been properly joinable in a single indictment, information, or complaint will not be disturbed in the absence of an abuse of discretion. See, 29-2002, R.R.S. 1943; State v. Clark, ante p. 109, 201 N.W.2d 205 (1972). Nothing tended to show an abuse of discretion. Much of the evidence related to Turner alone but that circumstance did not prejudice Bazer. See State v. Clark, supra. The consolidation was proper.

A jury might properly find Bazer guilty beyond a reasonable doubt, although the evidence was mostly circumstantial. See, State v. Leary, 185 Neb. 76, 173 N.W.2d 520 (1970); State v. Houp, 184 Neb. 206, 166 N.W.2d 117 (1969).

The judgment is affirmed.

AFFIRMED.


Summaries of

State v. Bazer

Supreme Court of Nebraska
Mar 2, 1973
204 N.W.2d 799 (Neb. 1973)
Case details for

State v. Bazer

Case Details

Full title:STATE OF NEBRASKA, APPELLEE, v. RAYMOND E. BAZER, APPELLANT

Court:Supreme Court of Nebraska

Date published: Mar 2, 1973

Citations

204 N.W.2d 799 (Neb. 1973)
204 N.W.2d 799

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The appeal of defendant's codefendant, Raymond E. Bazer, was decided March 2, 1973. State v. Bazer, 189 Neb.…

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