Mills v. State
Nebraska Supreme Court
Error to the district court for Harlan county. Tried below before Thompson, J. The facts are stated in the opinion. The court erred in overruling the plea in abatement as to the fourth count in the information. For the crime sought to be charged therein the plaintiff in error had neither had nor waived a preliminary hearing. There was a fatal variance between the complaint and tlie information.
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Error to the district court for Harlan county. Tried below before Thompson, J. The facts are stated in the opinion. The court erred in overruling the plea in abatement as to the fourth count in the information. For the crime sought to be charged therein the plaintiff in error had neither had nor waived a preliminary hearing. There was a fatal variance between the complaint and tlie information. (Yaner v. People, 34 Mich. 286; People v. Jones, 24 Mich. 214; People v. Fairchild, 48 Mich. 31; People v. Wallace, 94 Cal. 497; People v. Parlcer, 91 Cal. 91.) The first count of the information is…
1Opinion of the CourtHarrison, J.
The plaintiff in error was by an information filed in the district court of Harlan county charged in the seven counts thereof with the crime of embezzlement. After some preliminary pleas were heard and decided in accordance with motions presented and sustained, the objects of which were that the state be required to elect on which count or counts of the information it would stand and proceed with the prosecution, the state elected to proceed under the first and fourth counts. The plaintiff in error pleaded not guilty, and a trial resulted in his conviction and sentence to a term of…
2Cases cited11 opinions
- Hill v. StateNebraska Supreme Court · 1894
- Bartley v. StateNebraska Supreme Court · 1898
- Cowan v. StateNebraska Supreme Court · 1887
- State v. SpauldingSupreme Court of Kansas · 1880
- Johnson v. StateNebraska Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. RossOregon Supreme Court · 1909
- State v. BickfordNorth Dakota Supreme Court · 1913
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Phillips v. StateNebraska Supreme Court · 1951
- State v. PayUtah Supreme Court · 1915
15 more not listed; retrieve them via the Exa API.