Legal Opinion

State ex rel. Scott v. Crinklaw

Nebraska Supreme Court

Decided June 5, 1894No. 6871PublishedCited by 22 opinions

Error from the district court of Antelope county. Tried below before Robinson, J. See opinion for statement of the case. The imprisonment of plaintiff in error in the common-jail of Antelope county is unlawful, for the reason that the-district court of Antelope county could not acquire jurisdiction of the cause pending against plaintiff in error, or of his person, except with his consent. (Bill of Rights, sec. 11; State v. Knapp, 19 Pac.

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Error from the district court of Antelope county. Tried below before Robinson, J. See opinion for statement of the case. The imprisonment of plaintiff in error in the common-jail of Antelope county is unlawful, for the reason that the-district court of Antelope county could not acquire jurisdiction of the cause pending against plaintiff in error, or of his person, except with his consent. (Bill of Rights, sec. 11; State v. Knapp, 19 Pac. Rep. [Kan.], 728; Wheeler v. State, 24 Wis., 52; Osborn v. State, 24 Ark., 629; Swart v. Kimball, 43 Mich., 443.) cited: Shaw v. Cade, 54 Tex., 307; Harrison…

1Opinion of the CourtPost, J.

The plaintiff in error, who had previously been arrested on an indictment found by the grand jury of Holt county within the fifteenth judicial district, charging him with the crime of embezzlement, applied to the district court of said county for a change of venue to some other county of the same' district. His application was ■ by motion, on the ground that a fair and impartial trial could not be had in Holt county. The court found the showing accompanying said motion to be sufficient, and that the prisoner was entitled to a change of venue; and accordingly ordei’ed the place of trial to be…

2Cases cited3 opinions

  1. Olive v. StateNebraska Supreme Court · 1881
  2. State v. PotterSupreme Court of Kansas · 1876
  3. Ex parte CrawfordNebraska Supreme Court · 1882

3Cited by22 opinions

  1. Jackson v. OlsonNebraska Supreme Court · 1946
  2. In re FantonNebraska Supreme Court · 1898
  3. Hagner v. United StatesCourt of Appeals for the D.C. Circuit · 1931
  4. State v. HollowayNew Mexico Supreme Court · 1914
  5. Application of PostonCourt of Criminal Appeals of Oklahoma · 1955

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