Barr v. State
Nebraska Supreme Court
Error to the district court for Cuming county. Tried below before Norris, J. The opinion contains a statement of the case. The charge of the court was erroneous in authorizing a conviction for assault and battery without defining that offense.
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Error to the district court for Cuming county. Tried below before Norris, J. The opinion contains a statement of the case. The charge of the court was erroneous in authorizing a conviction for assault and battery without defining that offense. (Ballard v. State, 19 Neb., 609; Milton v. State, 6 Neb., 136.) A person is not criminally liable for defending himself against an unlawful assault unless, in repelling such assault, he uses more force than a reasonably prudent person in that situation and under those circumstances would have believed necessary and essential for his safety. (Campbell v.…
1Opinion of the CourtNorval, C. J.
An information was filed by the county attorney in the district court of Stanton county, charging the plaintiff in error with the crime of mayhem. On application of the accused the venue was changed to the district court of the adjoining county of Cuming, where he was convicted of an assault and battery on December 12, 1893. A motion for a new trial was duly presented, which was heard and overruled on January 25, 1894, as were also a motion in arrest of judgment and a motion to strike the substituted 'transcript from the files. An exception was taken to the rulings on each of these motions,…
2Cases cited14 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Campbell v. PeopleIllinois Supreme Court · 1854
- Housh v. StateNebraska Supreme Court · 1895
- State v. BohanSupreme Court of Kansas · 1877
- Ayres v. ProbascoSupreme Court of Kansas · 1875
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3Cited by22 opinions
- State v. PribilNebraska Supreme Court · 1986
- Chicago, Burlington & Quincy Railroad v. OysterNebraska Supreme Court · 1899
- Graham v. FrazierNebraska Supreme Court · 1896
- State v. SchroederNebraska Supreme Court · 1978
- McConnell v. StateNebraska Supreme Court · 1906
17 more not listed; retrieve them via the Exa API.