State v. Duncan

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State v. Duncan

Case Number
Call Date
April 26, 2016
Court Number
Case Summary

S-15-0763 State v. Brody Duncan (Appellant)

Seward County, Judge James Stecker

Attorneys: Bob Creager (Anderson Creager Wittstruck PCLLO) (Appellant) --- George R. Love (Attorney General's Office)

Criminal: Theft, greater than $1500

Proceedings below: A jury found Appellant guilty of theft. He was sentenced to a term of probation.

Issues: The trial court erred in instructing the jury on the elements of the offense and the effect of its finding on the element of "one scheme or course of conduct". 2. The trial court erred in failing to find the defendant not guilty based upon the jury finding that the thefts were not part of one scheme or course of conduct. 3. The evidence was insufficient to support the verdict on the theft of the Tahoe. 4. The defendant was prejudiced by the improper joinder for trial of two unrelated offenses. 5. The trial court erred in failing to grant a new based upon the jury verdict.