Schlencker v. State
Nebraska Supreme Court
Error to the district court of Lancaster county. The plaintiff in error was indicted at the October Term, 1878, for the murder of Florence Booth, on the 10th day of October.
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Error to the district court of Lancaster county. The plaintiff in error was indicted at the October Term, 1878, for the murder of Florence Booth, on the 10th day of October. The testimony showed that on that day, Schlencker, while under the influence of liquor, obtained a revolver at a gunsmith’s, between twelve o’clock noon and one in the afternoon; went to a house generally known as the “ Stone House,” kept by one Mollie Hall, between three and four o’clock; was in one of the rooms with Florence Booth and some others for a few minutes, then going up-stairs, preceded by Florence, went into a…
1Opinion of the CourtLake, J.
From a careful reading of the evidence as embodied in the bill of exceptions, we have reached the conclusion that it is sufficient to support the verdict of the jury-
That the prisoner shot and killed the deceased without any just cause or provocation is placed beyond all question. Therefore, if the act of shooting was voluntary, as it must be presumed in law to have been in the absence of proof to the contrary, it was, necessarily, unlawful. And, under these circumstances, the act was also malicious, for the rule is that if a man kill another without considérable provocation the law implies…
2Cases cited6 opinions
- The People v. . RogersNew York Court of Appeals · 1858
- State v. HundleySupreme Court of Missouri · 1870
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- State v. KlingerSupreme Court of Missouri · 1870
- Palmer v. PeopleNebraska Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Goodwin v. StateIndiana Supreme Court · 1883
- Hill v. StateNebraska Supreme Court · 1894
- Carleton v. StateNebraska Supreme Court · 1895
- State v. WilliamsNebraska Supreme Court · 2017
- Polin v. StateNebraska Supreme Court · 1883
18 more not listed; retrieve them via the Exa API.