Legal Opinion

Carroll v. State

Nebraska Supreme Court

Decided July 15, 1876PublishedCited by 18 opinions

Error to tlie district. court for Otoe county. The plaintiff in error was jointly indicted with one McElroy and several others, for burglary and larceny. He was tried separately, found guilty of grand larceny, and sentenced to five years imprisonment in the penitentiary. He then sued out a writ of error to this court. cited Gurry v. State, 4 Neb., 545. 3 Wharton Crim. Law, 3160. State v. Berlin, 24 La. An., 46. Eastwood v. People, 3 Park.

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Error to tlie district. court for Otoe county. The plaintiff in error was jointly indicted with one McElroy and several others, for burglary and larceny. He was tried separately, found guilty of grand larceny, and sentenced to five years imprisonment in the penitentiary. He then sued out a writ of error to this court. cited Gurry v. State, 4 Neb., 545. 3 Wharton Crim. Law, 3160. State v. Berlin, 24 La. An., 46. Eastwood v. People, 3 Park. Cr., 25. Benton v. State, Supreme Court Arkansas, Nov. Term, 1875. 3 Central Law Journal, April 21, 1876. Sneed v. State, 5 Ark., 431. General Statutes 582,…

1Opinion of the CourtMaxwell, J.

I. The first error assigned, is that the court erred in overruling the prisoner’s challenge to the juror L. J. Holland. This juror on his voir dire testified as follows:

Q. You say you have heard the matter talked of on the streets, and around through the country %

*33A. No, sir, I heard it from my neighbors mostly.

Q. Did you read the reports of it as published in the Nebraska City Press and News?

A. Yes, sir.

Q. You read the evidence then?

A. Yes, sir.

Q. From what you have heard and read in these papers, have you formed an opinion as to the guilt or innocence of these parties ?

A. To a certain…

2Cases cited2 opinions

  1. Palmer v. PeopleNebraska Supreme Court · 1875
  2. State v. GuilfordOhio Supreme Court · 1849

3Cited by18 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. State v. SlorahSupreme Judicial Court of Maine · 1919
  3. People v. . ThornNew York Court of Appeals · 1898
  4. People v. BushCalifornia Supreme Court · 1886
  5. Flege v. StateNebraska Supreme Court · 1913

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