Legal Opinion

Parrish v. State

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 11 opinions

Error to the district court of Johnson county. Tried below before Weaver, J. On refusal to give ninth instruction asked for, cited: State v. Orotean, 24 Yer., 14. 4 Broom & Hadley’s Com., 631. Fisher v. The People, 23 111., 294. Nelson v. The State, 2 Swan, 237. Falk v. The People, 43 111., 331. Wharton’s Crim. Practice, sec. 711. On refusal to give fifth instruction asked for, cited Lyons v. The People, 68 111., 271. Seventh instruction given by court was erroneous.

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Error to the district court of Johnson county. Tried below before Weaver, J. On refusal to give ninth instruction asked for, cited: State v. Orotean, 24 Yer., 14. 4 Broom & Hadley’s Com., 631. Fisher v. The People, 23 111., 294. Nelson v. The State, 2 Swan, 237. Falk v. The People, 43 111., 331. Wharton’s Crim. Practice, sec. 711. On refusal to give fifth instruction asked for, cited Lyons v. The People, 68 111., 271. Seventh instruction given by court was erroneous. Wharton’s Ev., sees. 716, 734. Court’s ninth instruction was misleading. 2 Whart. Crim. Law, secs. 1019-1021. cited Olioe v.…

1Opinion of the Court

Lake, Ch. J.

It is not claimed by the prisoner’s counsel that the evidence was not ample to support a conviction. The only errors alleged relate to the charge given to the jury.

First. The refusal of the judge to give three of the instructions, the fifth, ninth, and tenth, requested for the accused.

Second. The giving of the seventh, ninth, tenth, and eleventh, on the judge’s own motion; and

Third. The giving of the fifth, seventh, ninth, and tenth of those requested by the prosecution.

Of the fifth instruction, requested on behalf of the prisoner, all we care to say is, that its substance — in…

2Cases cited1 opinion

  1. Curry v. StateNebraska Supreme Court · 1876

3Cited by11 opinions

  1. The People v. BrunerIllinois Supreme Court · 1931
  2. State v. BurpeeSupreme Court of Vermont · 1892
  3. Housh v. StateNebraska Supreme Court · 1895
  4. Willis v. StateNebraska Supreme Court · 1894
  5. State v. HarrisNebraska Supreme Court · 1975

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