Martin v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Field, J. cited, on the contention that the complaint was defective: State v. Pisohel, 16 Neb., 490, 608; State v. Doyle, 11 R. I., 574; Bishop, Statutory Crimes, see. 1037, and cases cited in note 2. The same strictness is not required of a complaint as of an indictment.
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Error to the district court for Lancaster county. Tried below before Field, J. cited, on the contention that the complaint was defective: State v. Pisohel, 16 Neb., 490, 608; State v. Doyle, 11 R. I., 574; Bishop, Statutory Crimes, see. 1037, and cases cited in note 2. The same strictness is not required of a complaint as of an indictment. (Bayard v. Baker, 76 la., 220; Kingman v. Berry, 40 Kan., 625; Ex parte Maulé, 19 Neb., 273; Ex parte Eads, 17 Id., 145; Parker v. State, 4 O. St., 565; Bishop, Crim. Pro., sec. 230.) The objection is to the " form of the complaint, which can only be made…
1Opinion of the CourtMaxwell, J.
The plaintiff in error was convicted in the police court of the city of Lincoln of the offense of selling intoxicat*422ing liquor on Sunday. The case was taken on error to the district court, where the judgment of the police court was affirmed. The first objection is that the complaint is defective in failing to state to whom the liquor was sold or that the party was unknown.
The complaint is as follows:
“In the police court of the city of Lincoln, Lancaster county, Nebraska.
“The State oe Nebraska v. Georg-e Martin.
“The State oe Nebraska, Lancaster County.) /
'
“ The complaint and information of Lena…
2Cases cited10 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- State v. NutwellCourt of Appeals of Maryland · 1843
- Commonwealth v. TrainorMassachusetts Supreme Judicial Court · 1877
- State v. CoxSupreme Court of Missouri · 1860
- Capritz v. StateCourt of Appeals of Maryland · 1852
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3Cited by4 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Hornberger v. StateNebraska Supreme Court · 1896
- State v. BurchardSouth Dakota Supreme Court · 1894
- Fehringer v. PeopleSupreme Court of Colorado · 1915