Volume 199 — Nebraska Reports

1. Criminal Law: Evidence: Verdicts. In determining whether the evidence is sufficient to sustain a conviction, it is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of explanations, or weigh the evidence. Such matters are for the jury, and the verdict of the jury must be sustained, if, taking the view most favorable to the State, there is sufficient evidence to support it. 2. Sexual Assault: Rape: Evidence. Evidence of prior sexual activity between a sexual assault victim and any person other than the defendant may be admitted in evidence under section 28-408.05, R. R. S. 1943, when consent by the victim is at issue, and where it is established that such activity shows a relation to the conduct involved in the case and tends to establish a pattern of conduct or behavior on the part of the victim as to be relevant to the issue of consent. 3. Prosecuting Attorneys: Appeal and Error. Whether or not inflammatory remarks by a prosecutor are sufficiently prejudicial to constitute error must be determined upon the facts of each particular case. 4. Criminal Law: Venue: Jurisdiction. If an offense is committed against the person of another, the accused may be tried in the county in which the offense is committed, or in any county into or out of which the victim may have been brought in the prosecution of the offense or in which an act is done by the accused in instigating, procuring, promoting, or aiding in the commission of the offense. 5. Criminal Law: Right to Counsel: Waiver. Where a defendant has voluntarily waived his right to counsel at the arraignment at which a plea of guilty was entered, the trial court is not required at the subsequent sentencing proceeding to again apprise the defendant of his right to counsel, so long as nothing has intervened between the arraignment and the sentencing that should cause the waiver at the arraignment to be ineffective for the purposes of the sentencing proceeding.