Rickley v. State
Nebraska Supreme Court
Error from the district court for Sheridan county. Tried below7 before Westover, J. One Loveldn was prosecuted in the county court for larceny on the information of one Eicldey. Loveldn w7as acquitted, and the jury found the information without probable cause. Judgment for costs against Ricldey. Ricldey brings error. Reversed on the ground that section 322 of Criminal Code is contrary to the due-process clause of the constitution.
1Opinion of the Court
Duffie, C.
March 8, 1897, the plaintiff in error filed a complaint with the county judge of Sheridan county, Nebraska, charging one Lovekin with stealing certain pieces of machinery, of the value of $15. A warrant was issued on this complaint, the defendant arrested, and a trial had on March 18. The jury, after deliberating seventeen hours, was unable to agree upon a verdict and was discharged. The case was again tried on March 20 to a jury of four only, the state and the defendant agreeing thereto. This jury returned the following verdict: “We, the jury in the case, being duly impaneled and…
2Cases cited13 opinions
- State ex rel. McCaslin v. SmithWisconsin Supreme Court · 1886
- In re EbenhackSupreme Court of Kansas · 1877
- Jacobs v. StateSupreme Court of Georgia · 1856
- Henry v. State ex rel. RussellSupreme Court of Missouri · 1846
- State v. DonnellSupreme Court of Iowa · 1861
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3Cited by3 opinions
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- McKay v. StateNebraska Supreme Court · 1911
- Teats v. FoxNebraska Supreme Court · 1906