George v. State
Nebraska Supreme Court
Error to the district court for Cherry county. Tried' below before Kinkaid, J. The opinion contains a statement of the case. Accused was charged Avitli having committed two crimes. Under an information charging in different counts two separate and distinct offenses, a defendant who was acquitted under one count, and found guilty under the other, can not afterward be convicted of the offense of which he was acquitted.
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Error to the district court for Cherry county. Tried' below before Kinkaid, J. The opinion contains a statement of the case. Accused was charged Avitli having committed two crimes. Under an information charging in different counts two separate and distinct offenses, a defendant who was acquitted under one count, and found guilty under the other, can not afterward be convicted of the offense of which he was acquitted. See Levi v. State, 14 Nebr., 2; Bohanan v. Stale, 18 Nebr., 57; Morris v. State, 8 S. & M. [Miss.], 762; Lesslie v. State, 18 O. St., 395; King v. Mawbey, 6 Term Rep. [Eng.],…
1Opinion of the CourtSullivan, J.
The first count of the information charges the defendant, Edmon George, with the larceny of certain cattle. *166In the second count it is alleged that he received the same cattle knowing that they had been stolen, and with the intent of defrauding the owner. A.jury, impaneled to try the issues raised by a general plea of not. guilty, returned a verdict of conviction on the second count, and made no express finding as to the accusation contained in the first count. The court received the verdict, discharged the jury, and sentenced the defendant to imprisonment in the penitentiary for a term of…
2Cases cited2 opinions
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Fisher v. StateSupreme Court of Alabama · 1871
3Cited by10 opinions
- State v. WhiteSupreme Court of Kansas · 1905
- Hechter v. StateCourt of Appeals of Maryland · 1902
- State v. KulaNebraska Supreme Court · 1998
- Kuwitzky v. O'GradyNebraska Supreme Court · 1938
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
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