Murphey v. State
Nebraska Supreme Court
Error to the district court for Seward county. Tried, below before Bates, J. The facts are stated in the opinion. The information fails to charge the accused with any crime other than assault and battery. (Consolidated Statutes, sec. 5595; Buchanan v. State, 13 S. W. Rep. [Tex.]v 1000.) The court should have separated the state’s witnesses during the trial.
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Error to the district court for Seward county. Tried, below before Bates, J. The facts are stated in the opinion. The information fails to charge the accused with any crime other than assault and battery. (Consolidated Statutes, sec. 5595; Buchanan v. State, 13 S. W. Rep. [Tex.]v 1000.) The court should have separated the state’s witnesses during the trial. (1 Greenleaf, Evidence, 432.) Proof of the physical condition of the prosecutor at the time of the trial was erroneously admitted in evidence. (State v. Redfield, 35 N. W. Rep. [Ia.], 673; People v. Miller, 52 N. W. Rep. [Mich.], 65; Carr…
1Opinion of the CourtPost, J.
This is a petition in error and presents for review the judgment of the district court for Seward county, whereby the plaintiff in error was convicted of an assault upon one Oliver with intent to inflict great bodily injury.
1. It is argued, first, that the information charges an assault and battery only and will not sustain a conviction for an aggravated assault. That contention is based upon the proposition, that section 176 of the Criminal Code contemplates an assault with a weapon other than the members of the body. The effect of that section, as held in Smith v. State, 34 Neb., 689, was…
2Cases cited3 opinions
- Hill v. StateNebraska Supreme Court · 1894
- State v. GillettSupreme Court of Iowa · 1881
- Smith v. StateNebraska Supreme Court · 1892
3Cited by17 opinions
- People v. SmithAppellate Court of Illinois · 1972
- State v. MitchellSupreme Court of Iowa · 1908
- Lillie v. StateNebraska Supreme Court · 1904
- People v. CavanaughAppellate Court of Illinois · 1958
- State v. DavisWashington Supreme Court · 1913
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