Rhea v. State
Nebraska Supreme Court
Error from tbe district court for Dodge county. Tried below before Grimison, J. Section 3 of our Criminal Code clearly requires that the killing be intentional, in order to constitute murder in the first degree in any case. The opening phrase of the section, “If any person shall purposely,” applies to and qualifies each of the modes of killing mentioned in the section, the same as the first.
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Error from tbe district court for Dodge county. Tried below before Grimison, J. Section 3 of our Criminal Code clearly requires that the killing be intentional, in order to constitute murder in the first degree in any case. The opening phrase of the section, “If any person shall purposely,” applies to and qualifies each of the modes of killing mentioned in the section, the same as the first. Its fair reading is: If any person shall purposely, and of deliberate and premeditated malice, kill another; or, if any person shall purposely while in the perpetration or attempt to perpetrate any rape,…
1Opinion of the CourtHolcomb, J.
The plaintiff in error, defendant in the trial court, was informed against, jointly with íavo others, for the killing of ore Herman Zahn, the crime charged being murder in the first degree. On a plea of not guilty to the information, the defendant Avas separately tried before the court and a jury. The trial resulted in a verdict of murder in the first degree; the jury, in their verdict, finding and determining that the death penalty should be inflicted. On the verdict so returned, the court duly pronounced the sentence of death by hanging. The defendant prosecutes error proceeding for the…
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