Olive v. State
Nebraska Supreme Court
Error to the district court of Adams county. The plaintiffs in error were indicted at a special term of the court called in that county, commencing February 25, 1879, for the murder of Luther Mitchell on the 10th day of December, 1878, in the county of Custer.
Read the full summary
Error to the district court of Adams county. The plaintiffs in error were indicted at a special term of the court called in that county, commencing February 25, 1879, for the murder of Luther Mitchell on the 10th day of December, 1878, in the county of Custer. On the 24th of February, 1879, the legislature passed the following act: “An act to authorize the judge of the district court to designate the county where an indictment may be found, and the person tried for any felonious offense charged to have been committed in any unorganized county or territory of this state, or in any county where…
1Dissent
Maxwell, Ch. J.,
dissenting.
To that part of the opinion of the majority of the court holding that the court below had no jurisdiction, I cannot give my assent. It may be conceded that a district for the trial of a person accused of crime cannot be formed after the commission of the alleged offense. And in my opinion that has not been done in this case. The act approved Feb; 25, 1875, provided that “it shall be lawful for the judge of any judicial district within the State of Nebraska, when it is made to appear to him that a crime has been committed, amounting to a felony, within any…
2Cases cited4 opinions
- Dodge v. PeopleNebraska Supreme Court · 1876
- People ex rel. Gere v. GosperNebraska Supreme Court · 1874
- State ex. rel. Baldwin v. McCollNebraska Supreme Court · 1879
- In re HallNebraska Supreme Court · 1880