Dinsmore v. State
Nebraska Supreme Court
Error from the district court for Dawson county. Tried below before Sullivan, J. The defendant below should have been prosecuted by indictment instead of by information. The proceeding in this case was contrary to the general and uniform rule enjoined by the state constitution, section 19, article 6. Under the constitution, and in the nature of things, the power to determine whether prosecutions shall be by indictment or by information is legislative.
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Error from the district court for Dawson county. Tried below before Sullivan, J. The defendant below should have been prosecuted by indictment instead of by information. The proceeding in this case was contrary to the general and uniform rule enjoined by the state constitution, section 19, article 6. Under the constitution, and in the nature of things, the power to determine whether prosecutions shall be by indictment or by information is legislative. A judicial functionary can not exercise legislative functions, nor can the legislature delegate such a power to it. The legislature and a judge…
1Opinion of the Court
NÓRYAL, C. J.
In the district court for Dawson county, to which county the case had been taken on change of venue from Buffalo county, Frank L. Dinsmore was convicted of murder in the first degree and sentenced to be hanged, from which conviction he comes to this court on error. From the evidence of record it appears that for a year or more prior to the homicide defendant had been boarding at the home of one Fred Laue,in the little town of Odessa, in Buffalo county, during which time improper relations commenced between defendant and Mary Laue, wife of said Fred Laue, Avhich relations…
2Cases cited4 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Cole v. CunninghamSupreme Court of the United States · 1890
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. NordstromWashington Supreme Court · 1893
3Cited by30 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- State ex rel. Topping v. HoustonNebraska Supreme Court · 1913
- Griffith v. StateNebraska Supreme Court · 1953
- Sundahl v. StateNebraska Supreme Court · 1951
- Erving v. StateNebraska Supreme Court · 1962
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