Legal Opinion

Morgan v. State

Nebraska Supreme Court

Decided June 3, 1897No. 8413PublishedCited by 59 opinions

Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the case.

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Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. References to sustain the contention that there was error in the orders overruling challenges to jurors having opinions as to the guilt of the accused: Olive v. State, 11 Neb., 1; Curry v. State, 4 Neb., 545; Carroll v. State, 5 Neb., 31; Cowan v. State, 22 Neb., 523; Miller v. State, 29 Neb., 445; Owens v. State, 32 Neb., 167. Where the evidence is circumstantial, the circumstances established must, to warrant .a conviction, be such as to exclude every reasonable…

1Opinion of the CourtPost, C. J.

The plaintiff in error was, at the September, 1895, term of the district court for Douglas county, convicted of murder in the first degree, and from the judgment imposing the extreme penalty therefor be prosecutes error to this court. The information which was the basis of the prosecution below contained two counts, in the first of which the accused was in substance charged with fatally assaulting the deceased, Ida Gaskill, with intent her, the said deceased, feloniously and of his deliberate and premeditated malice, to kill and murder; and by the second count thereof it was charged that the…

2Cases cited30 opinions

  1. State v. HopkirkSupreme Court of Missouri · 1884
  2. Hill v. StateNebraska Supreme Court · 1894
  3. Davis v. StateNebraska Supreme Court · 1897
  4. State v. BrownOregon Supreme Court · 1879
  5. State v. HopperSupreme Court of Missouri · 1880

25 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Hopkins v. ReevesSupreme Court of the United States · 1998
  2. State v. PalmerNebraska Supreme Court · 1986
  3. State v. PettitNebraska Supreme Court · 1989
  4. Pickle v. StateMississippi Supreme Court · 1977
  5. Maher v. StateNebraska Supreme Court · 1944

54 more not listed; retrieve them via the Exa API.

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