State v. De Wolfe
Nebraska Supreme Court
WRIT of error, on behalf of the state, from the district court for Lancaster connt-y. The defendant was indicted for maintaining a nuisance. A demurrer to the information was sustained. Heard below before Holmes, J. The county attorney excepted and brought error to this court.
1Opinion of the CourtSullivan, C. J.
De Wolfe was charged in the district court for Lancaster county with having unlawfully exposed the citizens of the villiage of Bennett to a contagious disease by negligently keeping an infected person in a public place. The defendant demurred to the information, and the court, being of opinion that the facts alleged did not constitute a crime, dismissed the prosecution. The county attorney excepted to the decision and by this proceeding challenges its correctness.
The ground of the decision is thus stated in the judgment dismissing the action: “The Code particularly sets forth what acts shall…
2Cases cited3 opinions
- Pitcher v. PeopleMichigan Supreme Court · 1867
- Estes v. CarterSupreme Court of Iowa · 1860
- State v. TwogoodSupreme Court of Iowa · 1858
3Cited by22 opinions
- State v. BurlisonNebraska Supreme Court · 1998
- Lincoln Dairy Company v. FiniganNebraska Supreme Court · 1960
- State v. PettitNebraska Supreme Court · 1989
- Stewart v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. AyersOregon Supreme Court · 1907
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