Legal Opinion

Smith v. State

Nebraska Supreme Court

Decided January 15, 1876PublishedCited by 17 opinions

Error from the district court of Buffalo county. It was an indictment for murder against the plaintiff in error and two others, upon which separate trials were had. That of the plaintiff in error resulted in a verdict of guilty, and. he brought the cause here upon writ of error. The regular term of court for the county of Buffalo was fixed by law to be liolden on the second Monday of September.

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Error from the district court of Buffalo county. It was an indictment for murder against the plaintiff in error and two others, upon which separate trials were had. That of the plaintiff in error resulted in a verdict of guilty, and. he brought the cause here upon writ of error. The regular term of court for the county of Buffalo was fixed by law to be liolden on the second Monday of September. It was adjourned by written order of the judge until the second Monday of December following. The venires for grand and petit juries were issued and made returnable in September. The court not then…

1Opinion of the Court

Lake, Ch. J.

This is a writ of error to the district court for Buffalo county. There are no less than twenty-one nominal objections to this record in the assignment of errors, but I shall content myself with noticing those only which possess, at least, the shadow of merit.

I. It is objected to the jurisdiction of the court, that it was not in legal session when the indictment was found, and the trial and judgment had. This objection rests solely upon the assumption that the court was held without authority of law, which, if true, would render all of its proceedings absolutely void. The…

2Cases cited1 opinion

  1. Hulet v. BarnettOhio Supreme Court · 1841

3Cited by17 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. Morgan v. StateNebraska Supreme Court · 1897
  3. Jahnke v. StateNebraska Supreme Court · 1903
  4. Carr v. StateNebraska Supreme Court · 1888
  5. Bolln v. StateNebraska Supreme Court · 1897

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