Heidelbaugh v. State

On the 10th day of May, 1906, the barn of one August Schmelling, situated in Nuckolls county, Nebraska, was destroyed by fire, which was claimed to be of incendiary origin. Elmer Heidelbaugh, hereafter called the defendant, was arrested, and thereafter charged with having set fire to said barn. His trial resulted in a conviction, and he brings the case here for review.

Defendant contends (1) that the district court erred in receiving the evidence of the prosecuting witness as to footprints which he claims to have found in the vicinity of his barn, and also near a building called the “Guthrie…