Binfield v. State
Nebraska Supreme Court
Error to tbe district court for Hall county. Indictment for murder in the second degree. Verdict — manslaughter. Sentence — ten years in penitentiary. Trial before Nor val, J. Comp. Stat., 713. Dying declarations. 1 Greenleaf Ev., § 158. Palees v. People, 2 Neb., 157. Starkey v. People, 17 111., 17. Montgomery v. State, 11 Ohio, 424. People v. Phillips, 1 Park. Cr., 306. Uncommunicated threats..
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Error to tbe district court for Hall county. Indictment for murder in the second degree. Verdict — manslaughter. Sentence — ten years in penitentiary. Trial before Nor val, J. Comp. Stat., 713. Dying declarations. 1 Greenleaf Ev., § 158. Palees v. People, 2 Neb., 157. Starkey v. People, 17 111., 17. Montgomery v. State, 11 Ohio, 424. People v. Phillips, 1 Park. Cr., 306. Uncommunicated threats.. Holler v. State, 37 Ind., 57. Horrigan & Thompson Cases on Self Defense, 490. Stokes v. People, 53 N. Y., 164. Evidence. Horne v. State, 1 Kan., 42. State v. Collins, 20 Iowa, 85. French v. State, 12…
1Opinion of the Court
Cobb, Ch. J.
The first point made by plaintiff in his brief is, that “the court erred in overruling the motion of plaintiff in error for the exclusion of the witnesses of the state and defendant, and to keep them separate and apart,” and he cites sec. 301, p. 713, Comp. Stat. This section provides as follows: “The magistrate, if requested, or if he sees good cause therefor, shall order that the witnesses on both sides shall be examined, each one separate from all the others, and that the witnesses for may be kept separate from the witnesses against the accused during the examination.” It can…
2Cases cited1 opinion
- State v. FitzsimmonsSupreme Court of Missouri · 1860
3Cited by18 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Smith v. . United States Casualty Co.New York Court of Appeals · 1910
- Carleton v. StateNebraska Supreme Court · 1895
- Basye v. StateNebraska Supreme Court · 1895
- Bradshaw v. StateNebraska Supreme Court · 1885
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