Spaulding v. State
Nebraska Supreme Court
Error from the district court for Madison county. Tried below before Cones, J. The relation of attorney and client must exist, in order to make a communication privileged. Romberg v. Hughes, 18 Nebr., 579; Basye v. State, 45 Nebr., 261. The confidential relation of attorney and client does not exist as between the prosecuting officer for the state and a state, witness.
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Error from the district court for Madison county. Tried below before Cones, J. The relation of attorney and client must exist, in order to make a communication privileged. Romberg v. Hughes, 18 Nebr., 579; Basye v. State, 45 Nebr., 261. The confidential relation of attorney and client does not exist as between the prosecuting officer for the state and a state, witness. Cole v: Andrews, 74 Minn., 93. In the interest of justice, any testimony in possession of the state which is beneficial to the prisoner should go to the jury. Marks v. Beyfus, 25 Q. B. Div. [Eng.], 494.
1Opinion of the CourtHolcomb, J.
A thorough consideration of the briefs of counsel, and an examination of the record in this case, convince us that the judgment of conviction rendered in the trial should be permitted to stand undisturbed. The defendant was convicted of the crime of rape. The prosecutrix was a female, nineteen years of age, who for about three years prior, had been accustomed to work for others at general housework as a domestic. For a while she was engaged in learning the business of dressmaking, but failed. It is disclosed that, while not feeble minded, as the term is ordinarily understood, she was…
2Cited by11 opinions
- People v. GeroldIllinois Supreme Court · 1914
- Jahnke v. StateNebraska Supreme Court · 1903
- Simmons v. StateNebraska Supreme Court · 1924
- State v. CowingSupreme Court of Minnesota · 1906
- Clausen v. JohnsonNebraska Supreme Court · 1933
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