Legal Opinion
State v. Montgomery
Nebraska Supreme Court
Decided March 14, 1974No. 39133PublishedCited by 33 opinions
1Opinion of the CourtClinton, J.
The defendant was charged under the provisions of section 28-401, R. R. S. 1943, with having killed John R. Wisotzkey while in the perpetration of a robbery. He was found guilty by a jury and punishment was fixed at life imprisonment. The court pronounced sentence in accordance with the verdict.
On this appeal the error assigned is that the court improperly refused to submit instructions which would have permitted the jury to find the defendant guilty of the lesser crimes of second degree murder or manslaughter.
The instruction given by the court properly defined the murder as a killing while…
2Cases cited11 opinions
- State v. CraigWashington Supreme Court · 1973
- Morgan v. StateNebraska Supreme Court · 1897
- Durham v. CommonwealthSupreme Court of Virginia · 1973
- Garcia v. StateNebraska Supreme Court · 1955
- Commonwealth v. ButcherSupreme Court of Pennsylvania · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. BuggsTennessee Supreme Court · 1999
- People v. AaronMichigan Supreme Court · 1980
- Commonwealth v. MatchettMassachusetts Supreme Judicial Court · 1982
- State v. ReevesNebraska Supreme Court · 1984
- Head v. StateIndiana Supreme Court · 1982
28 more not listed; retrieve them via the Exa API.