Polin v. State
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Pound, J. Indictment for murder in the first degree and sentence of death. Plea in abatement should have been sustained. Burley v. The State, 1 Neb., 396. Premt v. The State, 5 Id., 377. Barton v. The State, 12 Id., 260. Ciarle v. Saline Cownty, 9 Id., 516. State v. Conner, 5 Blackf., 225. Continuance. "Wharton’s Crim. Law, § 2,930. Williams v. The State, 6 Neb., 338. State v. Lewis, 1 Bay, 1. Private counsel.
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Error to the district court for Cass county. Tried below before Pound, J. Indictment for murder in the first degree and sentence of death. Plea in abatement should have been sustained. Burley v. The State, 1 Neb., 396. Premt v. The State, 5 Id., 377. Barton v. The State, 12 Id., 260. Ciarle v. Saline Cownty, 9 Id., 516. State v. Conner, 5 Blackf., 225. Continuance. "Wharton’s Crim. Law, § 2,930. Williams v. The State, 6 Neb., 338. State v. Lewis, 1 Bay, 1. Private counsel. Meister v. The People, 81 Mich., 101. Com. v. Gibbs, 4 Gray, 147. Cuming Cownty v. Tate, 10 Neb., 193. Non-expert…
1Opinion of the Court
Lake, Oh. J.
The first objection to the judgment in this case is that made to the overruling of the plea in abatement. There are two points urged against the indictment, neither of which can be sustained. The first is, that one of the grand jurors by which it was found, although a resident of the county, did not live in the precinct from which he was drawn. That the utmost good faith characterized the selection of the jury is unquestioned. The statute, sec. 658 of the code of civil procedure, provides that the sixty persons from whom, for each term of a district court, jurors, ■grand and…
2Cases cited7 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Miller v. PeopleIllinois Supreme Court · 1866
- State v. WilsonSupreme Court of Kansas · 1880
- State v. FitzgeraldSupreme Court of Iowa · 1878
- Sawyer v. StateIndiana Supreme Court · 1871
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3Cited by41 opinions
- Victor v. NebraskaSupreme Court of the United States · 1994
- Thalheim v. StateSupreme Court of Florida · 1896
- Lovett v. StateSupreme Court of Florida · 1892
- Davis v. StateNebraska Supreme Court · 1897
- Henning v. StateIndiana Supreme Court · 1886
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