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07/26/85 STATE NEBRASKA v. CAROLYN A. JOY

July 26, 1985

STATE OF NEBRASKA, APPELLEE,
v.
CAROLYN A. JOY, APPELLANT



Appeal from the District Court for Douglas County: Keith Howard, Judge.

Krivosha, C.j., Boslaugh, White, Hastings, Caporale, Shanahan, and Grant, JJ.

SYLLABUS BY THE COURT

1. Convictions: Appeal and Error. In reviewing the sufficiency of the evidence supporting a finding of guilt, this court neither determines the plausibility of explanations nor weighs the evidence, such matters being for the trier of fact; the conviction must be sustained if, viewing the evidence most favorably to the State, there is sufficient evidence to support it.

2. Convictions: Proof. A conviction may be supported by the uncorroborated testimony of an accomplice.

3. Verdicts: Appeal and Error. A jury verdict of guilty will not be overturned on appeal unless it is so lacking in probative force that it can be said as a matter of law that the evidence was insufficient to support it.

The opinion of the court was delivered by: White

The defendant, Carolyn A. Joy, was charged in Douglas County with first degree murder in connection with the April 11, 1983, killing of Laura LaPointe. We reversed the defendant's earlier conviction and remanded the case for new trial because of the State's use of an ...


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