Legal Opinion

Carleton v. State

Nebraska Supreme Court

Decided January 4, 1895No. 6772PublishedCited by 63 opinions

Error to the district court for Dodge county. Tried below before Marshall, J. The facts are stated by the commissioner. The admission of evidence for only one purpose was erroneous, because not followed by a proper instruction limiting it to that purpose.

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Error to the district court for Dodge county. Tried below before Marshall, J. The facts are stated by the commissioner. The admission of evidence for only one purpose was erroneous, because not followed by a proper instruction limiting it to that purpose. (Scott v. Moliinnish, 15 Ala., 662; Letton v. Young, 2 Met. [Ky.], 558.) The presumption of innocence remains with the defendant in a case where self-defense is interposed, and the burden of proof never shifts from the state to the defendant. (Gravely v. State, 38 Neb., 871.) Where any fact or group of facts or circumstances are such as to…

1Opinion of the Court

Irvine, C.

The plaintiff in error was charged with murder, in the district court of Dodge county, found guilty of murder in the first degree, and sentenced to be hanged. This judgment he seeks to reverse by this proceeding. One hundred and fifty errors are assigned, and a review of the case has been necessarily laborious, although we have been aided by able efforts of counsel on each side and by a transcript of the record which might well serve as a model. We shall first consider the assignment of error that the evidence was insufficient to sustain the verdict rendered. The serious nature of…

2Cases cited44 opinions

  1. Hill v. StateNebraska Supreme Court · 1894
  2. Sioux City & Pacific Railroad v. FinlaysonNebraska Supreme Court · 1884
  3. Cowan v. StateNebraska Supreme Court · 1887
  4. Housh v. StateNebraska Supreme Court · 1895
  5. Polin v. StateNebraska Supreme Court · 1883

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

3Cited by63 opinions

  1. Bartley v. StateNebraska Supreme Court · 1898
  2. Davis v. StateNebraska Supreme Court · 1897
  3. State v. . MerrickSupreme Court of North Carolina · 1916
  4. State v. MerrickSupreme Court of North Carolina · 1916
  5. Mebane Graded School District v. County of AlamanceSupreme Court of North Carolina · 1937

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

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