Porter v. State

The questions herein presented for determination are essentially the same of those considered and determined in this case on a former appeal. State v. Porter, 69 Neb. 203. As the case was first presented, the questions considered arose on a demurrer to the petition. Upon the cause being remanded, an answer was filed, and the state moved for judgment on the pleadings. This motion was sustained. *793The answer, as wé construe the pleadings, presents no tion not passed upon in the consideration of the ruling on the demurrer. It is alleged in the answer that the defendant as a member of the state…