Casey v. State
Nebraska Supreme Court
Error to the district court for Gage county. Tried be- ' low before Broady, J. . ■ 1. When distinct offenses are charged in seperate counts of an indictment, the jury must either return a general verdict,.or else respond to each charge in their finding; especially where -the offenses • charged áre made separate and distinct by statute, and subject to different degrees of punishment.
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Error to the district court for Gage county. Tried be- ' low before Broady, J. . ■ 1. When distinct offenses are charged in seperate counts of an indictment, the jury must either return a general verdict,.or else respond to each charge in their finding; especially where -the offenses • charged áre made separate and distinct by statute, and subject to different degrees of punishment. Hurley v. State, 6 Ohio, 404. Wilson State, 20 Ohio, 26. Buch v. State, 1 Ohio St., 61., Riflemaher v. State, 25 Ohio St., 395. State v. Behimer, 20 Ohio St., 572. State v. Sutton, 4 Gill,-494. State v.…
1Opinion of the Court
Maxwell, Ch. J.
The grand jury of Gage county found an indictment against the plaintiff, in the 'first count of which he is charged with manslaughter; in the second, with stabbing one W. H. Mc’Elhaney with intent to kill and' murder, and in the third, with stabbing said McElhaney with intent to wound. On the trial of the cause a verdict was returned as follows: “We, the jury in this case, being duly impaneled and sworn, do find and say that the defendant is guilty as charged in the third count of the indictment.” The plaintiff was thereupon sentenced to imprisonment in the penitentiary for…
2Cases cited9 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Waller v. GravesSupreme Court of Connecticut · 1850
- Williams v. StateNebraska Supreme Court · 1877
- Barker v. FrenchSupreme Court of Vermont · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Morgan v. StateNebraska Supreme Court · 1897
- Kitts v. StateNebraska Supreme Court · 1951
- Bourne v. StateNebraska Supreme Court · 1927
- Illian v. McManamanNebraska Supreme Court · 1952
- State v. MoberlySupreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.