McCarty v. Hopkins
Nebraska Supreme Court
Error from the district court for Douglas county. Tried below before Slabaugii, J. If the constitutional restriction prohibits the legisla1 are from extending the criminal jurisdiction of district courts beyond county lines, the legislature can not, to obtain the samé object, authorize a district judge .to accept a plea of guilty and pass sentence in another county. IlurTbut v. State, 52 Nebr., 428. The right of trial within the county is a mere personal privilege.
Read the full summary
Error from the district court for Douglas county. Tried below before Slabaugii, J. If the constitutional restriction prohibits the legisla1 are from extending the criminal jurisdiction of district courts beyond county lines, the legislature can not, to obtain the samé object, authorize a district judge .to accept a plea of guilty and pass sentence in another county. IlurTbut v. State, 52 Nebr., 428. The right of trial within the county is a mere personal privilege. It is not conferred from any consideration of public policy; hence it may be waived. Bishop, Criminal Procedure, 50; State v.…
1Opinion of the CourtSullivan, J.
This proceeding in error brings np for review a judgment of the district court of Douglas county denying the application of Thomas McCarty for a writ of habeas corpus directed to the warden of the penitentiary in whose custody the petitioner is held under a sentence pronounced against him by one of the judges of the fourth judicial district sitting at chambers in the city of Omaha. The cause was submitted upon a stipulation of facts, from which it appears that McCarty was charged in due form in the district court of Sarpy county with the commission of a felony; that he was arraigned and…
2Cases cited3 opinions
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Ex Parte ParksSupreme Court of the United States · 1876
- State v. PotterSupreme Court of Kansas · 1876
3Cited by15 opinions
- The People v. PopescueIllinois Supreme Court · 1931
- Jackson v. OlsonNebraska Supreme Court · 1946
- Hawk v. StateNebraska Supreme Court · 1949
- Davis v. O'GradyNebraska Supreme Court · 1940
- People v. WilliamsCalifornia Supreme Court · 1939
10 more not listed; retrieve them via the Exa API.