Legal Opinion

Whitney v. State

Nebraska Supreme Court

Decided January 3, 1898No. 9250PublishedCited by 16 opinions

Error to tbe district coxirt for Harlan county. Tried below before Thompson, J. Tbe facts are stated in tbe opinion. The information does not sufficiently describe the owner of the money alleged to have been embezzled. (Stale v. Potter, 28 la. 554; Smith v. State, 21 Neb. 556; Ex parte Eads, 17 Neb. 145; Grant v. State, 17 So. Rep. '[Fla.] 225.) The court erred in making improper remarks concerning evidence.

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Error to tbe district coxirt for Harlan county. Tried below before Thompson, J. Tbe facts are stated in tbe opinion. The information does not sufficiently describe the owner of the money alleged to have been embezzled. (Stale v. Potter, 28 la. 554; Smith v. State, 21 Neb. 556; Ex parte Eads, 17 Neb. 145; Grant v. State, 17 So. Rep. '[Fla.] 225.) The court erred in making improper remarks concerning evidence. (Boioman v. State, 19 Neb. 527; State v. Ticlcel, 13 Nev. 502; People v. Bands, 1 Nev. 33; Crutchfield v. Richmond & D. R. Go., 76 N. Car. 320; People v. Wood, 27 N. E. Rep. [N. Y.] 362;…

1Opinion of the CourtNorval, J.

Ezra S. Whitney was convicted of embezzlement of public money of Harlan county, while he was the treasurer thereof, and sentenced to a term of two years and sis months imprisonment in the penitentiary, and that he also pay a fine in double the sum embezzled. The information alleges that the defendant, “Ezra S. Whitney, was the county treasurer of Harlan county, Nebraska, from the 5th day of January, 1894, to the 9th day of January, 1896, and as such officer was charged with the collection, receipt, safe-keeping, transfer, and disbursement of the public moneys of Harlan county, Nebraska; that…

2Cases cited20 opinions

  1. United States v. FordSupreme Court of the United States · 1879
  2. Thalheim v. StateSupreme Court of Florida · 1896
  3. Olive v. StateNebraska Supreme Court · 1881
  4. State v. HillNebraska Supreme Court · 1896
  5. Polin v. StateNebraska Supreme Court · 1883

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Victor v. NebraskaSupreme Court of the United States · 1994
  2. State v. HansonSupreme Court of Georgia · 1982
  3. Hammers v. StateSupreme Court of Arkansas · 1977
  4. Davoren v. Kansas CitySupreme Court of Missouri · 1925
  5. Hoffman v. StateNebraska Supreme Court · 1957

11 more not listed; retrieve them via the Exa API.

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