Legal Opinion

Sovereign v. State

Nebraska Supreme Court

Decided July 15, 1878PublishedCited by 18 opinions

Error to the district court for Lancaster county. Tried below before Pound, J". The act is in effect an amendment to sections 83, 85, and 86 of the criminal code, and the new act does not contain the entire sections amended, nor does it repeal them, unless it is by implication of law. The evils guarded against by these salutary and wise provisions of the constitution are too obvious to require argument, to either explain or vindicate them.

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Error to the district court for Lancaster county. Tried below before Pound, J". The act is in effect an amendment to sections 83, 85, and 86 of the criminal code, and the new act does not contain the entire sections amended, nor does it repeal them, unless it is by implication of law. The evils guarded against by these salutary and wise provisions of the constitution are too obvious to require argument, to either explain or vindicate them. "Whether it was wise or discreet to pass an act, with so little to recommend it to public favor, or of so questionable consistency as to meet with common…

1Opinion of the Court

Maxwell, <T.

The plaintiff in error shot a hawk in Lancaster county on the twenty-first day of June, 1877. On the same day he was arrested for the offense, and pleaded guilty to the charge, and was fined five dollars and costs, and to be committed to the county jail until the same were paid. He made application to the district court for his discharge upon habeas corpus. The courtheldthe fine and imprisonment lawful, and remanded the prisoner. The cause is brought into this court by petition in error.

Section one of the act approved February 19,1877, “ to prohibit the taking, wounding, or…

2Cases cited1 opinion

  1. School District No. Two v. StoughNebraska Supreme Court · 1876

3Cited by18 opinions

  1. Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
  2. State ex rel. Baughn v. UreNebraska Supreme Court · 1912
  3. State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
  4. State ex rel. Farmers Mutual Insurance v. MooreNebraska Supreme Court · 1896
  5. In re DietrickWashington Supreme Court · 1903

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