Criminal Law: Courts: Appeal and Error. In
an appeal of a criminal case from the county court, the
district court acts as an intermediate court of appeals, and
its review is limited to an examination of the record for
error or abuse of discretion.
Courts: Appeal and Error. Both the district
court and a higher appellate court generally review appeals
from the county court for error appearing on the record.
Judgments: Appeal and Error. When reviewing
a judgment for errors appearing on the record, an appellate
court's inquiry is whether the decision conforms to the
law, is supported by competent evidence, and is neither
arbitrary, capricious, nor unreasonable.
Appeal and Error. An appellate court
independently reviews questions of law in appeals from the
Criminal Law: Courts: Appeal and Error. When
deciding appeals from criminal convictions in county court,
an appellate court applies the same standards of review that
it applies to decide appeals from criminal convictions in
Jury Instructions: Appeal and Error. Whether
jury instructions are correct is a question of law, which an
appellate court resolves independently of the trial court.
Lesser-Included Offenses. Whether a crime is
a lesser-included offense is determined by a statutory
elements approach and is a question of law.
Courts: Appeal and Error. Despite a failure
to file a particular statement of error in the district
court, a higher appellate court may still consider the errors
actually considered by the district court.
Neb.App. 898] 9. Jury Instructions: Pleadings:
Evidence. Whether requested to do so or not, a trial
court has the duty to instruct the jury on issues presented
by the pleadings and the evidence.
Lesser-Included Offenses: Jury Instructions:
Evidence. A court must instruct on a lesser-included
offense if (1) the elements of the lesser offense for which
an instruction is requested are such that one cannot commit
the greater offense without simultaneously committing the
lesser offense and (2) the evidence produces a rational basis
for acquitting the defendant of the greater offense and
convicting the defendant of the lesser offense.
Jury Instructions: Proof: Appeal and Error.
To establish reversible error from a court's refusal to
give a requested instruction, an appellant has the burden to
show that (1) the tendered instruction is a correct statement
of the law, (2) the tendered instruction is warranted by the
evidence, and (3) the appellant was prejudiced by the
court's refusal to give the tendered instruction.
Criminal Law: Motor Vehicles: Intent. It is
clear that one cannot commit the greater offense of willful
reckless driving without simultaneously committing the lesser
offense of reckless driving.
___:___:___. Distinction between reckless driving and willful
reckless driving is determined by the driver's state of
___:___:___. Indifferent or wanton disregard for the safety
of others or their property is the fundamental characteristic
of reckless driving. Willful reckless driving is
characterized by a deliberate, as distinguished from an
indifferent, disregard for the safety of others or their
___:___:___. A scenario where a motorist drove in willful
disregard while not also driving with an indifferent or
wanton disregard for the safety of others is not plausible.
Evidence: New Trial: Double
Jeopardy: Appeal and Error. If evidence is not
sufficient to sustain a verdict after an appellate court
finds reversible error, then double jeopardy forbids a remand
for a new trial.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
from the District Court for Sheridan County, Travis P.
O'Gorman, Judge, on appeal thereto from the County Court
for Sheridan County, Russell W. Harford, Judge. Judgment of