Olive v. State
Nebraska Supreme Court
Error to the district court of Adams county. The plaintiffs in error were indicted at a special term of the court called in that county, commencing February 25, 1879, for the murder of Luther Mitchell on the 10th day of December, 1878, in the county of Custer.
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Error to the district court of Adams county. The plaintiffs in error were indicted at a special term of the court called in that county, commencing February 25, 1879, for the murder of Luther Mitchell on the 10th day of December, 1878, in the county of Custer. On the 24th of February, 1879, the legislature passed the following act: “An act to authorize the judge of the district court to designate the county where an indictment may be found, and the person tried for any felonious offense charged to have been committed in any unorganized county or territory of this state, or in any county where…
1Opinion of the CourtLake, J.
The first point made, by counsel for the prisoners in their brief, and the first arising in the order of steps taken in the prosecution of the case is, that the affidavit *12of C. W. McNamar, by virtue of which the judge of the fifth judicial district assumed jurisdiction of the alleged oftense, and designated Adams county in that district as the place of trial, was insufficient for that purpose. The question thus raised was renewed by the motion to quash the indictment, and it' strikes at the very foundation of the prosecution.
The supposed authority for making this affidavit, and that for the…
2Cases cited6 opinions
- People v. WilliamsCalifornia Supreme Court · 1860
- Dodge v. PeopleNebraska Supreme Court · 1876
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1876
- Garrison v. PeopleNebraska Supreme Court · 1877
- Curry v. StateNebraska Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- State v. DorisOregon Supreme Court · 1908
- Marion v. StateNebraska Supreme Court · 1884
- State v. O'BrienMontana Supreme Court · 1907
- Basye v. StateNebraska Supreme Court · 1895
58 more not listed; retrieve them via the Exa API.