Brown v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Clarkson, J. cited, contending that on an information drawn under sec. 113a, Criminal Code, the accused could not be convicted of robbery : 2 Bishop, Crim. Law, sec. 1166; 1 Wharton, Crim. Law, sec. 854; 2 Archibald, Crim. Prac. & PI., 1290; Shinn v. State, 64 Ind., 13; McCloskey v. People, 5 Parker, Crim.
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Error to the district court for Douglas county. Tried below before Clarkson, J. cited, contending that on an information drawn under sec. 113a, Criminal Code, the accused could not be convicted of robbery : 2 Bishop, Crim. Law, sec. 1166; 1 Wharton, Crim. Law, sec. 854; 2 Archibald, Crim. Prac. & PI., 1290; Shinn v. State, 64 Ind., 13; McCloskey v. People, 5 Parker, Crim. Rep. [N. Y.], 305. cited, as to- the definition of larceny: 2 East, P. C., 553; Hickey v. State, 23 Ind., 21. Robbery is a form of compound larceny: 2 Bishop, Crim. Law., 757; Hickey v. State, 23 Ind., 21. A charge of…
1Opinion of the CourtMaxwell, J.
The plaintiff in error was found guilty of grand larceny, and sentenced to imprisonment in the penitentiary for two years. The errors assigned relate to the giving and refusing certain instructions. The information is as follows:
“Of the May term of the district court of the third judicial district of the state of Nebraska, within and for the county of Douglas and state of Nebraska, in the year of our Lord 1890.
“I, Timothy J. Mahoney, county attorney in and for the county of Douglas, in said state of Nebraska, who prosecutes for and in behalf of said state, in the district court of said…
2Cases cited1 opinion
- State v. ArnoldNebraska Supreme Court · 1891
3Cited by7 opinions
- Hill v. StateNebraska Supreme Court · 1894
- State v. McClarityNebraska Supreme Court · 1966
- Bunge v. StateNebraska Supreme Court · 1910
- Granger v. StateNebraska Supreme Court · 1897
- Brown v. StateLucas Circuit Court · 1903
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