Duffey v. State

The plaintiff in error was convicted in the district court for Perkins county, Nebraska, of the offense of committing an assault with intent to wound as denounced in section 28-410, Comp. St. 1929.

1. The state, in order to support the charge, offered the testimony of the complaining witness who testified concerning the details of the assault and identified the defendant as the assailant. The substance of this testimony is that he recognized his assailant, as Jack Duffey. He was only slightly acquainted with him, but recognized him by his voice “the minute he spoke to me” and because he…