Casey v. State
Nebraska Supreme Court
Error to the district court for Richardson county. Tried below before Stull, J. One cannot be convicted as a principal in the commission of a crime under a charge of being an accessory before the fact. (Hill v. braie, 42 Neb., 505; Walrath v. State, 8 Neb., 80; Wagner v. State, 43 Neb., 2.) The judgment should be reversed for error in the instruction relating to the alibi.
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Error to the district court for Richardson county. Tried below before Stull, J. One cannot be convicted as a principal in the commission of a crime under a charge of being an accessory before the fact. (Hill v. braie, 42 Neb., 505; Walrath v. State, 8 Neb., 80; Wagner v. State, 43 Neb., 2.) The judgment should be reversed for error in the instruction relating to the alibi. (Wharton, Criminal Evidence [9th ed.], sec. 333; Wright v. People, 4 Neb., 410; Ballard v. State, 19 Neb., 619; Wasson v. Palmer, 13 Neb., 376; McPherson v. Wiswell, 19 Neb., 117; French v. State, 12 Ind., 67Ó.) References:…
1Opinion of the Court
Post, O. J.
At the March, 1896, term of the district court for Richardson county, John Casey and James Casey were convicted upon an information in which the former was charged as principal with the crime of robbery and the latter as an accessory thereto before the fact, and from which judgment they prosecute error to this court. The information mentioned, omitting caption and formal parts, is as follows: “That John Casey, late of the county aforesaid, on the 14th day of January, 1896, in the county of Richardson and state of Nebraska, in and upon one Leonard Jacobus, then and there being,…
2Cases cited12 opinions
- Hill v. StateNebraska Supreme Court · 1894
- State v. TaylorSupreme Court of Missouri · 1893
- Luper v. WertsOregon Supreme Court · 1890
- Dixon v. StateNebraska Supreme Court · 1895
- French v. StateIndiana Supreme Court · 1859
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Drury v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- In re ReslerNebraska Supreme Court · 1927
- State v. BallouSupreme Court of Rhode Island · 1898
- Lamb v. StateNebraska Supreme Court · 1903
- Davis v. StateNebraska Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.