Smith v. State
Nebraska Supreme Court
Error from the district court of Kearney county. Tried below before Post, J. It was an indictment for murder and came before this court in 1876, being reported in é Neb., 277. The accused being then ■ awarded a new trial procured a change of venue to Kearney county, where he was found guilty of murder in the second degree and sentenced to imprisonment in the penitentiary for thirty years. He again brought the cause here upon writ of error.
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Error from the district court of Kearney county. Tried below before Post, J. It was an indictment for murder and came before this court in 1876, being reported in é Neb., 277. The accused being then ■ awarded a new trial procured a change of venue to Kearney county, where he was found guilty of murder in the second degree and sentenced to imprisonment in the penitentiary for thirty years. He again brought the cause here upon writ of error. The facts necessary to an understanding of the points passed upon by the court appear iii the opinion.
1Opinion of the CourtMaxwell, J.
While the jury were being impaneled in the case, John Bartlett was called as a juror, who, being examined on his voir dire, testified as follows: “I live at *182Lowell; have been here about three years; came from. Kearney Junction; have lived here ever since I came here; have formed and expressed an opinion as to the guilt or innocence of the accused; I have read the papers, and have been at the Junction, and had conversation with parties there; I know nothing about the facts in the case, except what I have heard and read; my opinion is formed from reading evidence published in the papers; as far…
2Cases cited2 opinions
- Dodge v. PeopleNebraska Supreme Court · 1876
- Smith v. StateNebraska Supreme Court · 1876
3Cited by8 opinions
- State v. SteevesOregon Supreme Court · 1896
- Flege v. StateNebraska Supreme Court · 1913
- Boche v. StateNebraska Supreme Court · 1909
- Taylor v. StateNebraska Supreme Court · 1910
- O'Connor v. StateNebraska Supreme Court · 1932
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