Legal Opinion

Weinecke v. State

Nebraska Supreme Court

Decided February 17, 1892PublishedCited by 35 opinions

Error to the district court for Merrick county. Tried below before Post, J. cited: 1 Greenleaf, Ev., secs. 6, 217,219; 1 Bishop, Crim. Proe., secs. 348, 48s¿>; People v. Manning, 48 Cal., 335; Wharton, Crim. Ev. [9 Ed.], sec. 108; State v. Turner, 6 Bax. [Tenn.], 201; Casey v. State, 20 Neb., 159; 2 Thompson, Trials, sec. 2606.

1Opinion of the CourtNorval, J.

The information upon which the plaintiff in error was tried contains two counts. In the first count the accused is charged with willfully and maliciously displacing and removing the spikes and bolts from one of the rails of the track of the main line of the Union Pacific railroad. By the second count he is charged with willfully and maliciously placing an obstruction upon and across the track of said railroad. Upon the trial the plaintiff in error was acquitted upon the first count, and a verdict of guilty was returned upon the second count of the information. A motion for a new trial was…

2Cited by35 opinions

  1. People v. EdwardsCalifornia Court of Appeal · 1925
  2. Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
  3. State v. PhelpsNebraska Supreme Court · 1992
  4. State v. VejvodaNebraska Supreme Court · 1989
  5. State v. SteinmarkNebraska Supreme Court · 1976

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