Legal Opinion

Harris v. State

Nebraska Supreme Court

Decided July 15, 1888PublishedCited by 24 opinions

Error to the district court for Dodge county. Tried below before Marshall, J. on power of court to vacate judgment, cited: State v. Daugherty, 30 N. W. K., 685, and cases there cited: Garrison v. People, 6 Neb., 274. Misconduct of jury: Perry v. Bailey, 12 Kan., 539. Wright v. Telegraph Co., 20 Iowa, 195. Bailey v. Beck, 21 Kan., 462. Thompson and Merriam on Juries, Secs. 391, 397. cited: Ex parte Holmes, 21 Neb., 327. Coombs v. Hibberd, 43 Cal., 452. Bayliss New Trial, 543.…

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Error to the district court for Dodge county. Tried below before Marshall, J. on power of court to vacate judgment, cited: State v. Daugherty, 30 N. W. K., 685, and cases there cited: Garrison v. People, 6 Neb., 274. Misconduct of jury: Perry v. Bailey, 12 Kan., 539. Wright v. Telegraph Co., 20 Iowa, 195. Bailey v. Beck, 21 Kan., 462. Thompson and Merriam on Juries, Secs. 391, 397. cited: Ex parte Holmes, 21 Neb., 327. Coombs v. Hibberd, 43 Cal., 452. Bayliss New Trial, 543. Thompson and Merriam on Juries, Sec. 440. Taylor v. Garnett, 11 N. E. Rep., 309.

1Opinion of the Court

Reese, Ch. J.

Plaintiff in error was indicted by the grand jury of Dodge county for the crime of assault with intent to commit rape upon Catherine Mooker, a female child. After a plea of not guilty, a trial was had which resulted in a verdict of guilty as charged in the indictment. This verdict was returned on the 6th day of February, 1888. A motion for a new trial was filed on the 9th day of the same month, and on the same day an amended or substituted motion was filed, which we here copy:

“ Comes now the defendant in the above entitled cause, and moves the court for a new trial in said…

2Cases cited7 opinions

  1. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  2. Perry v. BaileySupreme Court of Kansas · 1874
  3. Burnside v. EnnisIndiana Supreme Court · 1873
  4. Cowles v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  5. Johnson v. HusbandSupreme Court of Kansas · 1879

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

3Cited by24 opinions

  1. Hempton v. StateWisconsin Supreme Court · 1901
  2. Gran v. HoustonNebraska Supreme Court · 1895
  3. State v. SinegalSupreme Court of Louisiana · 1981
  4. Netusil v. NovakNebraska Supreme Court · 1931
  5. Lyman v. DunnNebraska Supreme Court · 1934

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

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