Legal Opinion

McNeally v. State

Wyoming Supreme Court

Decided June 6, 1894PublishedCited by 10 opinions

ERROR to District Court for Converse County, IIok. Rich-Aed H. Scott, Judge. ■ Joseph II. McNeally was convicted of the crime of killing one head of neat cattle. He prosecuted error. The material facts are stated in the opinion. ' Continuance should have been granted, notwithstanding admission of .prosecution.

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ERROR to District Court for Converse County, IIok. Rich-Aed H. Scott, Judge. ■ Joseph II. McNeally was convicted of the crime of killing one head of neat cattle. He prosecuted error. The material facts are stated in the opinion. ' Continuance should have been granted, notwithstanding admission of .prosecution. (Embry v. Com¡, 13 S. .W,, 383; Brown v. State, 12 S. W., 1101; Ainsworth v: State, 16 S. W., 652.) Re-direct examination óf a witness'must -be-confined to matters brought out on cross-examination-. (Thompson on Trials, 482; Wharton’s Ev., 574,; Danl. Ch. Pr., 1104;..34 N. J. Eq., .60;…

1Opinion of the Court

• Geoesbeck, Chief Justice.

Joseph H. McNealléy, the plaintiff in .error, w.as convicted in the district court of Converse county of-the erime.of.felon-iously killing one head of neat cattle of the .value of fifteen dollars of the property of Frank Wolcott and Coinpany, at *61■the said county, and was sentenced by the trial court to imprisonment in the penitentiary for the period of fire years. He brings error to this court and. seeks a reversal of the judgment below for numerous grounds of error occurring at the trial, but' we need consider but two of the alleged errors presented by the record.

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2Cases cited5 opinions

  1. Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
  2. Ayers v. WatsonSupreme Court of the United States · 1889
  3. People v. HurleyCalifornia Supreme Court · 1882
  4. Cheatham v. StateMississippi Supreme Court · 1889
  5. Langhorne v. CommonwealthSupreme Court of Virginia · 1882

3Cited by10 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. Sykes v. United StatesCourt of Appeals for the Eighth Circuit · 1913
  3. Arnold v. United StatesCourt of Appeals for the Tenth Circuit · 1938
  4. State v. CallawayWyoming Supreme Court · 1954
  5. State v. AragonWyoming Supreme Court · 1930

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