Legal Opinion

Thompson v. State

Nebraska Supreme Court

Decided October 15, 1877PublishedCited by 14 opinions

Ereoe from district court of Douglas county. Tried below before Savage, J. The case is stated in the opinion. I. The complaint charged' petit larceny and nothing else. The jury find the complaint to be true. There is no finding either by the court or jury that any offense other than petit larceny had been committed.

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Ereoe from district court of Douglas county. Tried below before Savage, J. The case is stated in the opinion. I. The complaint charged' petit larceny and nothing else. The jury find the complaint to be true. There is no finding either by the court or jury that any offense other than petit larceny had been committed. In the district court, in the case of a person charged with the crime of larceny, the jury determine the value as a jurisdictional question, for a person charged in that court with grand larceny mayj under such an indictment, be found guilty of petit larceny. But neither in the…

1Opinion of the Court

Lake, Ch. J.

I. At the June term, 1874, of the district court for Douglas county, the plaintiff in error was indicted for the crime of grand larceny, of which he was in due time convicted. To this indictment the plea of cmt/refois convict was interposed, which, upon demurrer, was adjudged insufficient. The question of the sufficiency of 'this plea is the principal point in dispute, and will first occupy our attention.

The plea, which by the demurrer stands admitted, shows that before the indictment was found, Thompson had been arrested and put upon trial before the police, judge of the city of…

2Cases cited1 opinion

  1. State v. OdellIndiana Supreme Court · 1836

3Cited by14 opinions

  1. State v. BirckheadSupreme Court of North Carolina · 1962
  2. United States v. TaylorDistrict Court, D. Kansas · 1882
  3. Peterson v. StateNebraska Supreme Court · 1907
  4. Fox v. MeachamNebraska Supreme Court · 1877
  5. Tessier v. CrowleyNebraska Supreme Court · 1884

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