Bartley v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Baker, J. The facts are stated in the opinion. The warrant under which the arrest was made was invalid and the information should have been quashed. [Rafferty v. People, 69 111. Ill; Garcia v. Sanders, 35 S. W. Rep. [Tex.] 52.) The plea in abatement should have been sustained on the ground that another criminal action charging defendant with the same offense was' pending in another county. {State v. North…
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Error to the district court for Douglas county. Tried below before Baker, J. The facts are stated in the opinion. The warrant under which the arrest was made was invalid and the information should have been quashed. [Rafferty v. People, 69 111. Ill; Garcia v. Sanders, 35 S. W. Rep. [Tex.] 52.) The plea in abatement should have been sustained on the ground that another criminal action charging defendant with the same offense was' pending in another county. {State v. North Lincoln S. R. Go., 34 Neb. 634; Monroe v. Reid, 46 Neb. 331; Gamsby v. Ray, 52 N. H. 513; Gommomoealth v. Churchill, 5…
1Opinion of the CourtNorval, J.
The defendant, Joseph S. Bartley, was convicted in the district court of Douglas cdunty of embezzlement of moneys belonging to the state while he was the treasurer thereof. Besides a fine in double the amount found by the jury to have been embezzled, a term of twenty years in the penitentiary was the punishment imposed, and to obtain a reversal of said judgment and sentence is the purpose of this proceeding.
The information filed in the court below by the county attorney was in eight counts, the first and second of which charged the embezzlement of a certain warrant, drawn by the auditor of…
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