Legal Opinion

Palmer v. State

Nebraska Supreme Court

Decided October 21, 1903No. 13,278PublishedCited by 16 opinions

Error to the district court for Dundy county: Robert C. Orr, Judge.

1Opinion of the CourtSullivan, C. J.

William H. Palmer was found guilty of cattle stealing, and sentenced to imprisonment in the penitentiary.

The first assignment of error discussed hy counsel is based upon the failure of the state to show by direct evidence that the stolen steer was taken by defendant without the owner’s consent. The owner was not a witness and had, it would seem, no personal knowledge of the means by which he was deprived of his property. That he did not consent to the taking is a warrantable inference from the evidence. Indeed, no other inference is warrantable. Want of consent in prosecutions for larceny may…

2Cases cited7 opinions

  1. Barney v. StateNebraska Supreme Court · 1896
  2. Fager v. StateNebraska Supreme Court · 1887
  3. Fanton v. StateNebraska Supreme Court · 1897
  4. Anderson v. StateNebraska Supreme Court · 1889
  5. Wiegrefe v. StateNebraska Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Wallace v. StateNebraska Supreme Court · 1912
  2. Holthus v. StateNebraska Supreme Court · 1940
  3. Mantell v. JonesNebraska Supreme Court · 1949
  4. State v. ButlerArizona Supreme Court · 1957
  5. State v. . DixonSupreme Court of North Carolina · 1908

11 more not listed; retrieve them via the Exa API.

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