Krchnavy v. State
Nebraska Supreme Court
Error to the district court for Saunders county. Tried below before Wheeler, J. The facts are stated in the opinion. The trial court’s eleventh instruction was wrong in stating that the law presumes a person intends the natural consequences of his act.
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Error to the district court for Saunders county. Tried below before Wheeler, J. The facts are stated in the opinion. The trial court’s eleventh instruction was wrong in stating that the law presumes a person intends the natural consequences of his act. (State v. Neal, 37 Me., 470; State v. Stewart, 29 Mo., 420; Curry v. State, 4 Neb., 54.5; People-v. Sweeney, 55 Mich., 586.) A hoe handle used to strike but once, is not a deadly weapon, and the court should not have assumed it was.. The question was for the jury. (People v. Comstock, 13 N. W. Rep. [Mich.], 617; Thompson, Trials, sec. 2181.)…
1Opinion of the CourtPost, J.
This is a petition in error and presents for review a judgment of the district court for Saunders county, whereby the plaintiff in error was convicted of an assault with intent to murder. The offense, it seems, was committed at a dance in a saloon in the village of Touhy on the 8th day of September, 1893. Of those present a number, including the prosecuting witness, Ganson Stoughton, had, during the evening, indulged freely in the use of liquor, and were, at the time of the assault, about two hours after midnight, ap*339.parently intoxicated. Shortly before the assault there was a quarrel between…
2Cases cited1 opinion
- Curry v. StateNebraska Supreme Court · 1876
3Cited by16 opinions
- The People v. DwyerIllinois Supreme Court · 1927
- Carleton v. StateNebraska Supreme Court · 1895
- State v. . SmithSupreme Court of North Carolina · 1924
- State v. ParkerCourt of Appeals of North Carolina · 1970
- State v. JungclausNebraska Supreme Court · 1964
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