Legal Opinion · Dissent

McKay v. State

Nebraska Supreme Court

Decided October 6, 1911No. 16,975Published

Error to the district court for Antelope county: Anson A. Welch, Judge.

1DissentLetton, J.

I am unable to concur in tliat portion of the opinion holding it was reversible error to permit other counsel to assist the county attorney.

We held in Rickley v. State, 65 Neb. 841, that the county attorney has complete control of criminal prosecutions, and that he may exclude other counsel if he so desires, even if the complainant desires to employ such counsel. Of course, this is subject to the direction and control of the court. When the county attorney allows private counsel to appear with him and assist him in the trial without objection, it is clear that he desires his assistance,…

2Cases cited2 opinions

  1. State v. BartlettSupreme Judicial Court of Maine · 1909
  2. Rickley v. StateNebraska Supreme Court · 1902

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