Baldwin v. State
Nebraska Supreme Court
Error to'the district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. Indictment is insufficient. 1 Bishop on Criminal Law, sec. 429. Demurrer to plea in abatement should have been overruled. Demurrer admits ■ facts set up in plea, and indictment ought to have been set aside.
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Error to'the district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. Indictment is insufficient. 1 Bishop on Criminal Law, sec. 429. Demurrer to plea in abatement should have been overruled. Demurrer admits ■ facts set up in plea, and indictment ought to have been set aside. Manslaughter is not a degree of the crime of murder, but is a separate and distinct statutory offense, and as such is not within sec. 487 of the criminal code of Nebraska. Comp. Stat., 737. Sec. 489, of the criminal code under which said verdict is claimed to be authorized is…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff was found guilty of manslaughter at the May, 1880, term of the district court of Adams county, and sentenced to imprisonment in the penitentiary for ten years. He now prosecutes a writ of error to this court. The bill of exceptions is not signed by the judge, and on motion of the attorney general was quashed. None of the testimony is therefore bqfore the court, and the only errors that can be considered are those presented by the record.
First. It is objected that the indictment is insufficient, in that it does not charge that the alleged acts of the accused were…
2Cases cited3 opinions
- Clark v. Board of County CommissionersNebraska Supreme Court · 1880
- Priest v. StateNebraska Supreme Court · 1880
- Thompson v. PeopleNebraska Supreme Court · 1876
3Cited by7 opinions
- State v. HutterNebraska Supreme Court · 1945
- Metz v. StateNebraska Supreme Court · 1895
- Bohanan v. StateNebraska Supreme Court · 1885
- Barnes v. StateNebraska Supreme Court · 1894
- State v. DugganSupreme Court of Rhode Island · 1886
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