Legal Opinion

Gandy v. State

Nebraska Supreme Court

Decided January 15, 1888PublishedCited by 6 opinions

Ekrob to tbe district court for Richardson county. Tried below before Appelget, J. on instruction No. 2, given by court at request of prosecutor, cited: State v. Woolverton, 8 Blackf., 453. Rlath v. Braunsdorff, 40 Wis., 107. Beecher v. Anderson, 45 Mich., 544. State v. Schultz, 57 Ind., 19. State v. Frishy, 90 Mo., 530. State v. Mumford, 1 Dev., 519. Bonohoe v. State, 14 Texas Ct.

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Ekrob to tbe district court for Richardson county. Tried below before Appelget, J. on instruction No. 2, given by court at request of prosecutor, cited: State v. Woolverton, 8 Blackf., 453. Rlath v. Braunsdorff, 40 Wis., 107. Beecher v. Anderson, 45 Mich., 544. State v. Schultz, 57 Ind., 19. State v. Frishy, 90 Mo., 530. State v. Mumford, 1 Dev., 519. Bonohoe v. State, 14 Texas Ct. App., 643. Contended that Gandy’s testimony before justice was not material to that action; that under the facts of that case justice had no jurisdiction, and where there is no jurisdiction there can be no perjury.…

1Opinion of the Court

Reese, Ch. J.

On the 17th day of October, 1887, and during the October term of the district court of Richardson county, an information was filed against plaintiff in error, charging _ him with the crime of perjury. He was put upon his trial,' which resulted in a verdict of guilty. Motions for a new *439trial and in arrest of judgment were filed, both of which being overruled, he was sentenced. He now alleges error in the proceedings in the district court, and brings the cause to this court for review.

It is insisted, among other things, that the motion in arrest of judgment should have been…

2Cases cited4 opinions

  1. Williams v. StateSupreme Court of Alabama · 1881
  2. People v. BrilliantCalifornia Supreme Court · 1881
  3. State v. FrisbySupreme Court of Missouri · 1886
  4. Gabrielsky v. StateCourt of Appeals of Texas · 1883

3Cited by6 opinions

  1. State v. McCaslinNebraska Supreme Court · 1992
  2. Russell v. StateNebraska Supreme Court · 1906
  3. State v. MayhewNebraska Supreme Court · 1984
  4. State v. PrattSouth Dakota Supreme Court · 1907
  5. Shevalier v. StateNebraska Supreme Court · 1909

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