Legal Opinion

Guyle v. State

Nebraska Supreme Court

Decided July 25, 1918No. 20414Published

Error to the district court for Custer county: Bruno O. Hostetler, Judge.

1Opinion of the CourtCornish, J.

Defendant (plaintiff in error), charged with the crime of incest with his daughter in their home at Broken Bow, “on or about the 26th day of .August, A. D. 1917,” was found guilty. At the conclusion of the state’s evidence defendant’s motion to require the state to elect upon which specific act of intercourse it would rely for conviction (the information charging but one act, and the testimony tending to prove several) was overruled. This ruling and the failure of the court to instruct the jury that the testimony, tending to prove other and prior acts of intercourse between- defendant and the…

2Cases cited9 opinions

  1. State v. HurdSupreme Court of Iowa · 1897
  2. Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
  3. State v. LawrenceNebraska Supreme Court · 1886
  4. People v. PattersonCalifornia Supreme Court · 1894
  5. Montour v. StateCourt of Criminal Appeals of Oklahoma · 1915

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