Thomas J. Garvey, Sarpy County Public Defender, and Gregory A. Pivovar for appellant. Don Stenberg, Attorney General, and Marilyn B. Hutchinson for appellee. Regardless of whether the evidence is direct, circumstantial, or a combination thereof, and regardless of whether the issue is labeled as a failure to direct a verdict, insufficiency of the evidence, or failure to prove a prima facie case, the standard of appellate review is the same. In reviewing a criminal conviction, an appellate court does not resolve conflicts in the evidence, pass -on the credibility of witnesses, or reweigh the evidence. Such matters are for the finder of fact, and a conviction will be affirmed, in the absence of prejudicial error, if the properly admitted evidence, viewed and construed most favorably to the State, is sufficient to support the conviction.
Kidnapping requires proof of a specific intention.
It means an intent to put that person in some high degree of fear, a state of intense fright or apprehension. The intent operative at the time of an action may be inferred from the words and acts of an accused and from the facts and circumstances surrounding the conduct. In Nebraska, all crimes are statutory, and no act is criminal unless the Legislature has in express terms declared it to be so. Robert Lyle Robbins appeals from his convictions of two counts of attempted kidnapping, alleging that the evidence is insufficient to support the convictions. We conclude that the State failed to prove that Robbins intended to terrorize his victims, as the State charged in the information, and thus, we reverse the convictions and sentences.