White v. State
Nebraska Supreme Court
Error to the' district court for Douglas county. Tried below before Groff, J. The state had no right to proceed on mere information by the county attorney, and without preliminary examination. (4 Am. & Eng. Encyc. of. Law, 730; Cr. Code, secs. 286, 288, 300, 585; People v. Smith, 25 Mich., 497; People v. Chapman, 62 Id., 290; State v. Louver, 26 Neb., 757.) The caption of the complaint, or information, determines nothing.
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Error to the' district court for Douglas county. Tried below before Groff, J. The state had no right to proceed on mere information by the county attorney, and without preliminary examination. (4 Am. & Eng. Encyc. of. Law, 730; Cr. Code, secs. 286, 288, 300, 585; People v. Smith, 25 Mich., 497; People v. Chapman, 62 Id., 290; State v. Louver, 26 Neb., 757.) The caption of the complaint, or information, determines nothing. (State v. Davis, 41 la., 311; State v. Wyatt, 76 Id., 328.) The sole pretext for holding defendant to answer was a charge of larceny, while the information charges burglary,…
1Opinion of the CourtCobb, J.
The plaintiff in error and one Prank Miller were jointly informed against in the district court of Douglas county for burglariously entering a dwelling house and stealing therefrom a quantity of silverware. Miller pleaded guilty; "White pleaded not guilty, was tried and convicted. He presented a motion for a new trial, which was overruled. Immediately thereafter, and before sentence, he presented a motion in arrest of judgment, which was overruled, and he was thereupon sentenced to punishment in the state’s prison.
The following are the grounds stated in the last named motion:
“1. That the…
2Cases cited1 opinion
- People v. ChapmanMichigan Supreme Court · 1886
3Cited by11 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- Latimer v. StateNebraska Supreme Court · 1898
- State v. JohnsonNebraska Supreme Court · 2023
- Coffield v. StateNebraska Supreme Court · 1895
- Havlicek v. StateNebraska Supreme Court · 1917
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