State Nebraska v. Pedro Cano

The defendant, Pedro Cano, was, after trial by jury, convicted of the offense of shooting with intent to wound or kill, and
was thereafter sentenced to the Nebraska Penal and Correctional Complex for a period of 5 to 8 years. He appeals that conviction
and sentence to this court. We affirm. The shooting involved in this case occurred on the night of June 23, 1973, in the J & F Tavern in Morrill, Nebraska.
It appears from the record that earlier that evening the defendant and the victim, one Joe Martinez, had both been in the
tavern and had engaged in an altercation which involved the defendant throwing bottles and other objects at Joe Martinez.
Shortly thereafter the owner of the tavern drove the defendant, Pedro Cano, to his home, and defendant indicated that he would
remain there. However, defendant returned to the tavern shortly thereafter, having provided himself with a gun and shells
from his home. Upon arriving at the tavern, the defendant confronted Joe Martinez, and, after a brief exchange of words, shot
Martinez several times. The defendant was immediately captured, disarmed, and placed under arrest. Although seriously injured,
Martinez survived his wounds. The trial, conviction, and sentence followed. In his appeal, the defendant assigns as error
that the evidence is insufficient to support a verdict of guilty and also that the sentence is excessive. We cannot agree.