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189 Neb. 711

204 N.W.2d 799

State v. Bazer

Nebraska Supreme Court

Decided March 2, 1973

Nebraska Supreme Court · decided 1973-03-02

Cited by 14 later decisions — most recently August 1980

14 state decisions

Relies on State v. Leary · State v. Clark · State v. Houp

Good law ✅— No negative treatment on recordhow we know

Decided 1973-03-02

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Smith, J.

¶1 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.

¶2 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.

¶3 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).

¶4 The judgment is affirmed.

¶5 Affirmed.

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