Legal Opinion

Nicholson v. State

Wyoming Supreme Court

Decided February 7, 1910No. 601PublishedCited by 22 opinions

Error to the District Court, Weston County; Hon. Carroll H. Parmbluu, Judge. Leonard B. Nicholson was tried upon an information charging murder in the first degree, and convicted of manslaughter. His motion for new trial was overruled, and he prosecuted error. The material facts are stated in the opinion.

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Error to the District Court, Weston County; Hon. Carroll H. Parmbluu, Judge. Leonard B. Nicholson was tried upon an information charging murder in the first degree, and convicted of manslaughter. His motion for new trial was overruled, and he prosecuted error. The material facts are stated in the opinion. There was no jurisdiction to try the defendant on'the information filed September 5, 1908, for the reason that he had not been given a preliminary examination, had not waived it, and objected to trial upon that information without such examination. The first information charging the offense…

1Opinion of the Court

BeaRd, Justice.

The plaintiff in error, Nicholson, was tried in the District Court of Weston County upon an information charging him with murder in the first degree; was found guilty of manslaughter .and sentenced to a term, in the penitentiary. From that judgment he brings the case here on error.

It appears from the record that on September 5, 1908, the County Attorney of said county filed an information in said court charging the plaintiff in error (who will be hereinafter called defendant) with the crime of murder in the first degree by killing and murdering one Rudolph W. Fur-rer on the…

2Cases cited4 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. McGinnis v. StateWyoming Supreme Court · 1907
  3. Demars v. HickeyWyoming Supreme Court · 1905
  4. State v. WestIdaho Supreme Court · 1905

3Cited by22 opinions

  1. Jahnke v. StateWyoming Supreme Court · 1984
  2. Lonquest v. StateWyoming Supreme Court · 1972
  3. Ryan v. StateWyoming Supreme Court · 1999
  4. State v. GoettinaWyoming Supreme Court · 1945
  5. Simms v. StateWyoming Supreme Court · 1972

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