Hawe v. State
Nebraska Supreme Court
Error to the district court for Colfax county. Tried below before Post, J. cited Stevens v. The State, 9 'Am. Law Reg., 530, and note. Soott v. Commonwealth, 4 Met., 227. . Commonwealth v. Hosier, 4 Barr., 267. cited 17 Ala., 436. 24 Cal., 230. 57 Mo., 574. 6 McLean, 121. 1 Clifford, 117. 18 N. Y., 252. 21 Cal., 544. 9 Neb., 252.
1Opinion of the Court
Maxavell, Ch. J.
The plaintiff was convicted at the November, 1880, term of the district court of Colfax county of maliciously shooting one August Hirn, and was sentenced *538to imprisonment in tbe penitentiary for five years. He now prosecutes a writ of error to this .court.
The only error relied upon is the following instruction, given on behalf of the state. “The law requires something more than occasional oddity or hypochondria to exempt the perpetrator of an offense from its punishment. If the defendant was in possession of reason, thought, intent, a faculty to distinguish the nature of…
2Cases cited3 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
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- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
3Cited by7 opinions
- Hodge v. StateSupreme Court of Florida · 1890
- Knights v. StateNebraska Supreme Court · 1899
- State v. BrownUtah Supreme Court · 1909
- Grammer v. FentonNebraska Supreme Court · 1920
- Anderson v. StateNebraska Supreme Court · 1889
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