Schlencker v. State
Nebraska Supreme Court
■ This was a re-hearing of the case reported ante p. 241, granted upon application of the plaintiff. The court erred in giving the following instruction to the jury: Sixth instruction — “Every man is presumed to intend and contemplate the ordinary and natural consequences of his own acts. The law presumes deliberate and premeditated malice from the deliberate and unnecessary use of a deadly weapon in such manner as naturally tends to destroy human life.
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■ This was a re-hearing of the case reported ante p. 241, granted upon application of the plaintiff. The court erred in giving the following instruction to the jury: Sixth instruction — “Every man is presumed to intend and contemplate the ordinary and natural consequences of his own acts. The law presumes deliberate and premeditated malice from the deliberate and unnecessary use of a deadly weapon in such manner as naturally tends to destroy human life. The law presumes a man .to be moved and actuated by deliberate and premeditated malice, when he deliberately, unlawfully, and unnecessarily…
1Opinion of the CourtLake, J.
On the re-hearing of this case, our attention was specially directed to certain of the instructions not before particularly complained of, and to which no exception was taken in the court below. This being a capital case, however, the want of an exception does not necessarily deprive the prisoner of his right to a new trial for errors of the court prejudicial to him. Thompson v. The People, 4 Neb., 524.
Under the evidence before the jury the only really difficult question for them to settle was that of the degree of the prisoner’s guilt, whether it was murder in the first or second degree, or…
2Cases cited3 opinions
- Preuit v. PeopleNebraska Supreme Court · 1877
- Milton v. StateNebraska Supreme Court · 1877
- Thompson v. PeopleNebraska Supreme Court · 1876
3Cited by8 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- State v. WilliamsNebraska Supreme Court · 2017
- Starkweather v. StateNebraska Supreme Court · 1958
- State v. BrennauerNebraska Supreme Court · 2023
- Ohama v. StateWyoming Supreme Court · 1916
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