Coffield v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Scott, J. Plaintiff in error having had a preliminary examination on a complaint charging the forgery of one instrument, the filing of an information by the county attorney charging the forgery of another instrument was without jurisdiction and void. ( White v. State, 28 Neb., 341.) An immaterial variance should be disregarded. (Moore v. State, 20 Tex.
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Error to the district court for Douglas county. Tried below before Scott, J. Plaintiff in error having had a preliminary examination on a complaint charging the forgery of one instrument, the filing of an information by the county attorney charging the forgery of another instrument was without jurisdiction and void. ( White v. State, 28 Neb., 341.) An immaterial variance should be disregarded. (Moore v. State, 20 Tex. App., 233; Johnston Harvester Co. v. Clark, 30 Minn., 308; Kopplekom v. Huffman, 12 Neb., 99; Began v. O’Reilly, 32 Cal., 11; Plate v. Vega, 31 Cal., 383; Hedrick v. Osborne, 99…
1Opinion of the CourtNorval, C. J.
•An information was filed in the court below containing two counts, one charging the plaintiff in error with the *419forgery of a draft and the other with the uttering and publishing of the same .instrument. To the information a plea of not guilty was entered by the accused, whereupon he was tried and convicted under both counts.
But one ground is urged in this court for a reversal of the judgment, and that is the prisoner has not had a preliminary examination for the offenses charged in the information. The record shows, and it is conceded by counsel for the plaintiff in error, that a complaint,…
2Cases cited10 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Washburn v. PeopleMichigan Supreme Court · 1862
- Cowan v. StateNebraska Supreme Court · 1887
- Davis v. StateNebraska Supreme Court · 1891
- People v. ChapmanMichigan Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- Latimer v. StateNebraska Supreme Court · 1898
- Wilson v. StateNebraska Supreme Court · 1948
- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
- Ronzzo v. SiglerDistrict Court, D. Nebraska · 1964
11 more not listed; retrieve them via the Exa API.