Legal Opinion

Comstock v. State

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 28 opinions

This was an indictment for rape committed upon one Coral Comstock, daughter of the defendant. The trial below before Post, J., in the district court for York county, resulted in a verdict of guilty, and sentence of prisoner to imprisonment in penitentiary for life, to reverse which he prosecuted this writ of error. Affidavits for continuance were sufficient.

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This was an indictment for rape committed upon one Coral Comstock, daughter of the defendant. The trial below before Post, J., in the district court for York county, resulted in a verdict of guilty, and sentence of prisoner to imprisonment in penitentiary for life, to reverse which he prosecuted this writ of error. Affidavits for continuance were sufficient. Jameson v. Butler, 1 Neb., 118. Johnson v. Dinsmore, 11 Neb., 393. Williams v. The State, 6 Neb., 337. The evidence as to parentage was inadmissible.. 1 Greenleaf, see. 103. There must be both penetration and emission. Russell on Crimes,…

1Opinion of the Court

Lake, Ch. J.

A large number of errors are assigned, but we shall consider only those which are referred to by counsel for the prisoner in their brief.

The first of these is a refusal of the court to grant a continuance on account of absent witnesses. There was no error in the ruling of the court on this question. The affidavit on which the motion to continue was based was clearly insufficient, according to the most approved rule of criminal practice in such cases.

The affidavit was that of the prisoner himself. All but two of the witnesses desired were non-residents of the state, and their…

2Cases cited1 opinion

  1. Williams v. StateNebraska Supreme Court · 1877

3Cited by28 opinions

  1. Lusby v. StateCourt of Appeals of Maryland · 1958
  2. Buel v. StateWisconsin Supreme Court · 1899
  3. Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  4. Heldt v. StateNebraska Supreme Court · 1886
  5. George v. United StatesCourt of Criminal Appeals of Oklahoma · 1908

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