Arnold v. State
Nebraska Supreme Court
Error to the district court for Scott’s Bluff county. Tried below before Church, J. When a plea in bar is interposed to a prosecution upon indictment, and it states facts which, if true, would constitute a bar to further prosecution, the truth of the plea must be ascertained by a jury. (State v. Briebnow, 16 Neb., 131.)
1Opinion of the Court
Eagan, C.
George S. Arnold was tried in the district court of Scott’s Bluff county for the crime of murder, found guilty, and sentenced to imprisonment in the penitentiary. From this judgment he prosecutes error to this court.
Arnold, at the time of his arraignment, August 26,1889, offered to the indictment against him a plea in bar as follows: “Now comes George S. Arnold, defendant, in his own proper person, into court here, and having heard the indictment read in th'e above entitled cause, says that the state of Nebraska ought not further to prosecute said indictment against him, because at…
2Cases cited6 opinions
- State v. MansfieldSupreme Court of Missouri · 1867
- State v. LockwoodWisconsin Supreme Court · 1877
- Ward v. PeopleMichigan Supreme Court · 1874
- Allen v. StateIndiana Supreme Court · 1876
- State v. DavisSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Singer v. United StatesSupreme Court of the United States · 1965
- Davis v. StateNebraska Supreme Court · 1897
- Michaelson v. BeemerNebraska Supreme Court · 1904
- Bolln v. StateNebraska Supreme Court · 1897
- Peterson v. StateNebraska Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.