Bays v. State
Nebraska Supreme Court
Error from tbe district court of Lancaster county. Tried before Pound, J. The facts appear in the opinion. I. The court erred in permitting the state to filé a substituted complaint. Gcmawcuy v. State, 22 Ala., 772. Revnhcurt v. State, 29 Ga., 522. Bradshaw v. Commonwealth, 16 Grat., 507. Sometimes the court permits a copy to be filed, but it must be proved to be an exact copy. This is a new and original complaint. II.
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Error from tbe district court of Lancaster county. Tried before Pound, J. The facts appear in the opinion. I. The court erred in permitting the state to filé a substituted complaint. Gcmawcuy v. State, 22 Ala., 772. Revnhcurt v. State, 29 Ga., 522. Bradshaw v. Commonwealth, 16 Grat., 507. Sometimes the court permits a copy to be filed, but it must be proved to be an exact copy. This is a new and original complaint. II. The court erred in ruling out all the evidence offered by plaintiff in error, showing that he was a member of the school board, and that in dismissing the teacher he was acting…
1Opinion of the Court
Lake, Oh. J.
The plaintiff in error was tried and convicted in the district court, under the thirty-fourth section of the criminal code, for an alleged disturbance of a public schooi in district No. 21, in Lancaster county. The case was brought into the district court by an appeal from the judgment of a justice of the peace before whom the case was first tried.
I. When the case was called for trial in the district court, it was discovered that the original complaint sent lip by the justice in pursuance of the statute was lost and could not be found. Thereupon, on motion of the district…
2Cited by17 opinions
- Anderson v. AndersonNebraska Supreme Court · 1951
- Greer v. ChelewskiNebraska Supreme Court · 1956
- State ex rel. Lewellen v. SmithNebraska Supreme Court · 1896
- In re CaldwellNebraska Supreme Court · 1908
- Hyndshaw v. MillsNebraska Supreme Court · 1922
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