Gravely v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Tibbets, J. It was error for the court to instruct the jury that it devolves upon the defendant to justify his act, on the ground of self-defense, by a preponderance of the evidence. {People v. Coughlin, 32 N. W. Rep. [Mich.], 905; State v. Cross, 26 N. W. Rep. [Ia.], 62; State v. Coleman, 6 S. Car., 185; Preuit v. People, 5 Neb., 378; Vollmer v. State, 24 Neb., 838; Farris v. Commonwealth, 14 Bush [Ky.],…
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Error to the district court for Lancaster county. Tried below before Tibbets, J. It was error for the court to instruct the jury that it devolves upon the defendant to justify his act, on the ground of self-defense, by a preponderance of the evidence. {People v. Coughlin, 32 N. W. Rep. [Mich.], 905; State v. Cross, 26 N. W. Rep. [Ia.], 62; State v. Coleman, 6 S. Car., 185; Preuit v. People, 5 Neb., 378; Vollmer v. State, 24 Neb., 838; Farris v. Commonwealth, 14 Bush [Ky.], 363; Buchner v. Commonwealth, 14 Bush [Ky.], 601; Commonwealth v. York, 9 Met. [Mass.], 93; Bush v. Commonwealth, 78 Ky.,…
1Opinion of the CourtPost, J.
This was a prosecution in the district court of Lancaster county on the charge of murder in the first degree. A trial was had at the September, 1892, term, at which the accused was convicted of murder in the second degree, and *873which he now seeks to reverse by means of a petition in error addressed to this court. The only question which calls for notice is that presented by the following instruction given by the court on its own motion:
“ It is incumbent upon the state to show by proof, beyond any reasonable doubt, that on the 28th day of May, 1892, the defendant Green S. Gravely fired a pistol…
2Cases cited10 opinions
- Lilienthal's Tobacco v. United StatesSupreme Court of the United States · 1878
- People v. RodrigoCalifornia Supreme Court · 1886
- Howard v. StateIndiana Supreme Court · 1875
- People v. . DownsNew York Court of Appeals · 1890
- Wright v. PeopleNebraska Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. HazletNorth Dakota Supreme Court · 1907
- State v. ArdoinSupreme Court of Louisiana · 1911
- Torske v. StateNebraska Supreme Court · 1932
- State v. BallouSupreme Court of Rhode Island · 1898
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
8 more not listed; retrieve them via the Exa API.