Lindsay v. State
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Chapman, J. The facts are stated by the commissioner. The following cases are cited in support of the assignment that the court erred in overruling the motion for a change of venue: Richmond v. State, 16 Neb., 391; State v. Grafton, 56 N. W. Rep. [Ia.], 257. The court should have compelled the county attorney to elect whether he would prosecute for prize-fighting or murder.
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Error to the district court for Cass county. Tried below before Chapman, J. The facts are stated by the commissioner. The following cases are cited in support of the assignment that the court erred in overruling the motion for a change of venue: Richmond v. State, 16 Neb., 391; State v. Grafton, 56 N. W. Rep. [Ia.], 257. The court should have compelled the county attorney to elect whether he would prosecute for prize-fighting or murder. (Criminal Code, sec. 435.) The scene enacted in the court room during the trial by the mother of the deceased entitles accused to a new trial. (Dower v.…
1Opinion of the Court
Ryan, C.
Plaintiff in error was convicted of manslaughter in the district court of Cass county. His term of imprisonment in the penitentiary was by the judgment of the court fixed at two years. By mutual agreement the plaintiff in error and Fletcher Robbins engaged in an exhibition about midnight between August 9 and August 10, 1894. An entrance fee was charged for the privilege of witnessing the entertainment, and a prize of $200 was to be paid to the successful contestant. The prosecution insisted upon the trial that this contest was a prize fight. The defense described it as “a sparring…
2Cases cited5 opinions
- Olive v. StateNebraska Supreme Court · 1881
- School District Number One v. BishopNebraska Supreme Court · 1896
- Edney v. BaumNebraska Supreme Court · 1895
- Lowe v. RileyNebraska Supreme Court · 1894
- McMahon v. StateNebraska Supreme Court · 1895
3Cited by10 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- State v. BoppreNebraska Supreme Court · 1990
- Jahnke v. StateNebraska Supreme Court · 1903
- Commonwealth v. GilbertMassachusetts Supreme Judicial Court · 1895
- Simmons v. StateNebraska Supreme Court · 1924
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