Priest v. State
Nebraska Supreme Court
* Error, to tbe district court for Dakota county. Tried below before Barnes, J. Tbe court erred in admitting tbe evidence of tbe witness Holly Scott, wlien upon tbe preliminary examination it appeared that this witness did not possess sufficient capacity to understand the obligations of an oath, admitting that he did not know that it was wrong to swear to a lie, or that there was any responsibility attaching, either moral or legal, for so doing, possessing no conception of…
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* Error, to tbe district court for Dakota county. Tried below before Barnes, J. Tbe court erred in admitting tbe evidence of tbe witness Holly Scott, wlien upon tbe preliminary examination it appeared that this witness did not possess sufficient capacity to understand the obligations of an oath, admitting that he did not know that it was wrong to swear to a lie, or that there was any responsibility attaching, either moral or legal, for so doing, possessing no conception of right or wrong, admitting that he was then a convict serving a term in the penitentiary of the state for a murder that he…
1Opinion of the Court
Maxwell, Ch. J.
At the March term, 1880, of the district court of Dakota county, the plaintiffs were tried for the murder of a white man on the Winnebago reservation, and convicted of murder in the first degree and sentenced to death. They prosecute a writ of error to this court. It is claimed that the court erred in sustaining the demurrer to the plea in abatement to the indictment. The plea, after setting out certain matter alleged to be prejudicial to' the accused, which we deem unnecessaiy to notice, states “that the grand jury that found said indictment were not legally chosen and…
2Cases cited3 opinions
- People v. HennesseyNew York Supreme Court · 1836
- Stringfellow v. StateMississippi Supreme Court · 1853
- Burley v. StateNebraska Supreme Court · 1871
3Cited by22 opinions
- Davis v. StateNebraska Supreme Court · 1897
- State v. BrownSupreme Court of Louisiana · 1959
- Long v. StateNebraska Supreme Court · 1888
- Sullivan v. StateNebraska Supreme Court · 1899
- United States v. TurriettaCourt of Appeals for the Tenth Circuit · 2012
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