Braithwaite v. State
Nebraska Supreme Court
Error to the district court for Boone county. Tried below before Harrison, J. The proceedings under the first information were a legal bar to trial under the amended information. (Const., art. I, sec. 12; Bishop, Criminal Law [5th Ed.], 1016 ; Wells, Res Adjudicata, p. 318; Whitmore v. State, 43 Ark., 274; State v. Ward, 48 Id., 36; People v. Webb, 38 Cal., 479; Weaver v. State, 4 Crim.
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Error to the district court for Boone county. Tried below before Harrison, J. The proceedings under the first information were a legal bar to trial under the amended information. (Const., art. I, sec. 12; Bishop, Criminal Law [5th Ed.], 1016 ; Wells, Res Adjudicata, p. 318; Whitmore v. State, 43 Ark., 274; State v. Ward, 48 Id., 36; People v. Webb, 38 Cal., 479; Weaver v. State, 4 Crim. Law Mag., 27; State v. Sehuchardt, 18 Neb., 455.) The first information alleged that the money charged to have been stolen was the property of the Albion State Bank, and this was a sufficient allegation of…
1Opinion of the CourtMaxwell, J.
In January, 1889, an information was filed against the plaintiff in error in the district court of Boone county in *834•which he was charged with the larceny of $1,000, “ the property of the Albion State Bank, of Albion, Boone county, Nebraéka.” To this information he pleaded “ Not guilty.” On the trial of the cause, after the jury had been impaneled and sworn, the prosecuting attorney, upon leave granted, amended the information as follows, after the words “Albion State Bank,” by adding “ a corporation organized and doing business under the laws of the state of Nebraska.” The court thereupon…
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