Hills v. State
Nebraska Supreme Court
Error from the district court for Washington county. Tried below before Baxter, J. A complaint must be verified by one who is a competent witness. 1 Bishop, New Criminal Procedure [4th ed.], secs. 232, 719, and authorities therein cited; People v. Quamtrom, 93 Mich., 254; Greenleaf, Evidence [Lewis’s-ed., 1896], sec. 374 et seq.; Perez v. State, 10 Tex. App., 327. The witness who verified the complaint claimed to be the wife of the accused.
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Error from the district court for Washington county. Tried below before Baxter, J. A complaint must be verified by one who is a competent witness. 1 Bishop, New Criminal Procedure [4th ed.], secs. 232, 719, and authorities therein cited; People v. Quamtrom, 93 Mich., 254; Greenleaf, Evidence [Lewis’s-ed., 1896], sec. 374 et seq.; Perez v. State, 10 Tex. App., 327. The witness who verified the complaint claimed to be the wife of the accused. The wife is not a competent witness against the husband in a criminal case. The statute makes an exception in a prosecution for an offense by the husband…
1Opinion of the CourtNouval, C. J.
This was a prosecution for bigamy. A verdict of guilty was returned, and the defendant Avas sentenced to the penitentiary for the term of four years. The complaint before the examining.magistrate was signed and SAVorn to by Eliza O. Hills, the first Avife of the defendant. His counsel filed a plea in abatement to the complaint, on the ground that Eliza O. Hills Avas not a competent witness against accused, which was overruled, and the magistrate finding probable cause to believe that defendant Avas guilty of the crime of bigamy as charged, held the accused to the district court, Avhere the…
2Cases cited3 opinions
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