Legal Opinion

Candy v. State

Nebraska Supreme Court

Decided January 15, 1879PublishedCited by 9 opinions

This case was brought up on a writ of error to the Clay county district court, where Candy had been tried and sentenced to imprisonment in the penitentiary for the term of one year. cited Ellis v. Karl, 7 Neb., 381. Gen. Stat., 722. Constitution, Art. I, See. 15. cited Gen. Stat., 821, See. 435. 2 Wharton’s Prec., 2.

1Opinion of the Court

Cobb. J.

The plaintiff in error-was indicted, tried, and convicted for malicious shooting with intent to kill, etc.

At th.e trial he moved to quash the indictment, assigning two grounds therefor: First. Because on or about the first day of February, 1876, the Hon. A. J. Weaver, judge of the first judicial district, did appoint and fix the time for the holding of the terms of the district court within and for the county of Clay, and other counties within said district, as. provided in Sec. 26, of Art. XVI, of the constitution; by reason of such appointments the said judge exhausted the powers…

2Cases cited1 opinion

  1. Ellis v. KarlNebraska Supreme Court · 1878

3Cited by9 opinions

  1. People v. ChavezCalifornia Supreme Court · 1951
  2. Wells v. CommonwealthKentucky Supreme Court · 1978
  3. Bartley v. StateNebraska Supreme Court · 1898
  4. State v. FlathersSouth Dakota Supreme Court · 1930
  5. Cohoe v. StateNebraska Supreme Court · 1908

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