Brittle v. People
Nebraska Supreme Court
This was a writ of error to the District Court of Douglas County. The plaintiff in error was indicted in that Court for burglary; and the plea of not guilty was put in by him. The cause having been moved for trial, the names of persons summoned on the regular panel were called, and among them that of Howard W. Crossley, who was a colored man; for which sole reason the defendant challenged him as not competent to sit on a jury. The Court overruled the objection.
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This was a writ of error to the District Court of Douglas County. The plaintiff in error was indicted in that Court for burglary; and the plea of not guilty was put in by him. The cause having been moved for trial, the names of persons summoned on the regular panel were called, and among them that of Howard W. Crossley, who was a colored man; for which sole reason the defendant challenged him as not competent to sit on a jury. The Court overruled the objection. The trial resulted in a verdict of guilty. Motions for a new trial and in arrest of judgment were overruled ; and judgment was…
1Opinion of the CourtCbounse, J.
On the trial of this cause in the Court below, Howard *205Crossley, a colored man, was allowed to sit as one of the jury that returned a verdict of guilty against the plaintiff in error. Exception was taken to the holding of the Court permitting him to sit. This exception presents the principal question for our decision.
Prior to the admission of Nebraska as a State into the Union, none but white males were allowed by the laws of the Territory to sit upon juries. As part of the Act of Congress, passed Feb. 9, 1867, admitting the State, it is declared, “ That this act shall not take effect, except…
2Cited by15 opinions
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