Debney v. State
Nebraska Supreme Court
Error to the district court for Nance county. Tried below before Sullivan, J. The facts are stated in the opinion. The accused was entitled to the benefit of the provision of the act passed in 1893, fixing the punishment for murder in the first degree at death or imprisonment for life, at the discretion of the jury. (State Constitution, sec. 24, art. 3; 15 Am. & Eng. Ency.
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Error to the district court for Nance county. Tried below before Sullivan, J. The facts are stated in the opinion. The accused was entitled to the benefit of the provision of the act passed in 1893, fixing the punishment for murder in the first degree at death or imprisonment for life, at the discretion of the jury. (State Constitution, sec. 24, art. 3; 15 Am. & Eng. Ency. Law, 712; Brown v. Williams, 34 Neb., 376; Bishop, Written Law, sec. 110a.) Murder cannot be committed until the injured person dies. (1 Wharton, Criminal Law [8th ed.], sec. 538; Criminal Code, sec. 254; Heldt v. State, 20…
1Opinion of the CourtNorval, C. J.
An information was filed by the county attorney in the district court of Nance county, charging the plaintiff in error, Andrew Debney, with murder in the first degree. The prisoner was found guilty as charged, and was by the court sentenced to be hanged, which judgment he seeks to reverse by this proceeding.
It appears from the record before us that the plaintiff in error and his wife, Catherine Debney, being unable to live háppily together, a separation took place. Subsequently, a reconciliation was brought about, and, after a time, a second separation occurred. Afterwards, on the 4th day of…
2Cases cited17 opinions
- Craft v. StateSupreme Court of Kansas · 1866
- Heldt v. StateNebraska Supreme Court · 1886
- State v. BowenSupreme Court of Kansas · 1876
- Long v. StateNebraska Supreme Court · 1888
- Murphy v. StateNebraska Supreme Court · 1884
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3Cited by24 opinions
- State v. DetterSupreme Court of North Carolina · 1979
- Commonwealth v. LaddSupreme Court of Pennsylvania · 1960
- State v. BlancettNew Mexico Supreme Court · 1918
- Latimer v. StateNebraska Supreme Court · 1898
- Ferguson v. StateNebraska Supreme Court · 1897
19 more not listed; retrieve them via the Exa API.