Legal Opinion

Korth v. State

Nebraska Supreme Court

Decided January 9, 1896No. 6679PublishedCited by 35 opinions

Error to the district court for Antelope county. Tried below before Kinkaid, J. The opinion contains a statement of the case. The information was not made or filed by an officer authorized by law to do so. (Richards v. State, 22 Neb., 145; White v. State, 28 Neb., 341.) The court erred in overruling the application of plaintiff in error to be discharged for want of prosecution. (_Zrt re MeMiclten, 18 Pac. Rep. [Kan.], 473; People v. Morino, 24 Pac.

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Error to the district court for Antelope county. Tried below before Kinkaid, J. The opinion contains a statement of the case. The information was not made or filed by an officer authorized by law to do so. (Richards v. State, 22 Neb., 145; White v. State, 28 Neb., 341.) The court erred in overruling the application of plaintiff in error to be discharged for want of prosecution. (_Zrt re MeMiclten, 18 Pac. Rep. [Kan.], 473; People v. Morino, 24 Pac. Rep. [Cal.], 892; Ex parte Two Calf, 11 Neb., 221.) The court erred in overruling the plea in abatement, and in striking the same from the record.…

1Opinion of the CourtHarrison, J.

On December 15, 1891, an information was filed in the district court of Pierce county, charging the plaintiff in error with the crime of embezzlement of public money, the property of such county, during the time he was treasurer thereof. ■ On the 27th day of April, 1893, the application of plaintiff in error for a change of venue was granted, and the case was sent to Antelope county for trial December 23, 1893 ;• as a result of a trial, a verdict of guilty was rendered and entered, and, after motions for new trial and in arrest of judgment were heard and overruled, plaintiff in error was…

2Cited by35 opinions

  1. Bartley v. StateNebraska Supreme Court · 1898
  2. Davis v. StateNebraska Supreme Court · 1897
  3. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  4. Bolln v. StateNebraska Supreme Court · 1897
  5. Blair v. StateNebraska Supreme Court · 1904

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