Mulloy v. State
Nebraska Supreme Court
Error to the district court for Box Butte county. Tried’below before Kinkaid, J. Under a charge that accused committed an assault with intent to inflict great bodily injury he cannot be convicted of assault and battery. (Smith v. State, 34 Neb. 689; State v. McDevitt, 29 N. W. Rep. [la.] 461; State v. McAvoy, 35 N. W. Rep. [la.] 631; Turner v. Muskegon, 50 N. W. Rep. [Mich.] 310; Territory v¡ Dooley, 1 Pac.
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Error to the district court for Box Butte county. Tried’below before Kinkaid, J. Under a charge that accused committed an assault with intent to inflict great bodily injury he cannot be convicted of assault and battery. (Smith v. State, 34 Neb. 689; State v. McDevitt, 29 N. W. Rep. [la.] 461; State v. McAvoy, 35 N. W. Rep. [la.] 631; Turner v. Muskegon, 50 N. W. Rep. [Mich.] 310; Territory v¡ Dooley, 1 Pac. Rep. [Mont.] 747; State v. Marchs, 58 N. W. Rep. [N. Dak.] 25.) References: Murphey v. State, 43 Neb. 34; State v. Gh'aham, 52 la. 720; State v. Scheie, 52 la. 608; Stale v. White, 45 I'a.…
1Opinion of the CourtNorval, J.
The essential part of the information filed by the county attorney in the district court of Box Butte county, and upon which the defendant in this case was tried and convicted, charged “that one Coote Mulloy, on the 11th day of January, in the year of our Lord one thousand eight hundred and ninety-seven, in the county of Box Butte and state of Nebraska, in and upon one William Mitchell, then and there being, unlawfully, feloniously, and purposely did make an assault on the said William Mitchell, and did strike, beat, and wound the said William Mitch-' ell, with the-intent of him, the said…
2Cases cited16 opinions
- People v. PragueMichigan Supreme Court · 1888
- State v. McDevittSupreme Court of Iowa · 1886
- Knott v. James B.Oregon Supreme Court · 1874
- Curry v. StateNebraska Supreme Court · 1876
- State v. McAvoySupreme Court of Iowa · 1887
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3Cited by6 opinions
- In re ReslerNebraska Supreme Court · 1927
- State v. ToughNorth Dakota Supreme Court · 1903
- Ex Parte PeoplesCourt of Criminal Appeals of Oklahoma · 1940
- Flanders v. KavanaughNebraska Supreme Court · 1930
- State v. UphamIdaho Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.