Willis v. State
Nebraska Supreme Court
Error to the district court for Dakota county. Tried below before Norris, J. Statements of facts and proceedings appear in the opinion of the commissioner. The fourteenth instruction, given by the court on its own-motion, was erroneous. (Leonard v. Territory, 7 Pac. Rep-[Wash.], 873; Commonwealth v. Miller, 139 Pa. St., 77.) The court erred in giving the fifteenth instruction on its own motion.
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Error to the district court for Dakota county. Tried below before Norris, J. Statements of facts and proceedings appear in the opinion of the commissioner. The fourteenth instruction, given by the court on its own-motion, was erroneous. (Leonard v. Territory, 7 Pac. Rep-[Wash.], 873; Commonwealth v. Miller, 139 Pa. St., 77.) The court erred in giving the fifteenth instruction on its own motion. It is erroneous to give an instruction which is more in the nature of an argument than a statement of the law. (Dunn v. People, 109 111., 635; Ludwig v. Sager, 84 111., 99; State v. Orr, 64 Mo., 339;…
1Opinion of the Court
Ragan, C.
James T. Willis in the district court of Dakota county was found guilty by a jury of the crime of manslaughter for the killing of one Amberry Bates, and he brings the judgment pronounced against him on such finding here for review, assigning the following errors:
1. That the court erred in overruling plaintiff in error’s motion to strike out the testimony of one Sehmied, a witness who testified on the trial of the case on behalf of the state. Sehmied, without any objection on the part of plaintiff in error, had testified that he resided in Dakota *108City, where the killing of Bates…
2Cases cited11 opinions
- Pond v. PeopleMichigan Supreme Court · 1860
- Hill v. StateNebraska Supreme Court · 1894
- State v. SloanSupreme Court of Missouri · 1871
- Polin v. StateNebraska Supreme Court · 1883
- Dunn v. PeopleIllinois Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Victor v. NebraskaSupreme Court of the United States · 1994
- Carleton v. StateNebraska Supreme Court · 1895
- Fincher v. StateSupreme Court of Alabama · 1924
- Carrall v. StateNebraska Supreme Court · 1898
- People v. LewisCalifornia Supreme Court · 1897
18 more not listed; retrieve them via the Exa API.