Legal Opinion

O'Connor v. State

Nebraska Supreme Court

Decided October 15, 1895No. 6849PublishedCited by 7 opinions

Error to the district court for Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. The information does not state an offense under the law. [Gee Wo v. State, 36 Neb., 241.) The verdict of the jury and judgment of the court are not sustained by the evidence. (People v. Phippin, 37 N. W. Rep. [Mich.], 888.) The act under which the information was filed is unconstitutional.

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Error to the district court for Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. The information does not state an offense under the law. [Gee Wo v. State, 36 Neb., 241.) The verdict of the jury and judgment of the court are not sustained by the evidence. (People v. Phippin, 37 N. W. Rep. [Mich.], 888.) The act under which the information was filed is unconstitutional. (People v. Phippin, 37 N. W. Rep. [Mich.], 898; Constitution, United States, sec. 2, art. 4, sec. 1, art. 14; Constitution, Nebraska, secs. 1, 3, art. 1; Taylor v. Porter, 4 Hill [N. Y.],…

1Opinion of the CourtHarrison, J.

The plaintiff in error was tried in the district court of Lancaster county on a charge of practicing medicine in said county without first obtaining a certificate and filing the same or a copy thereof in the office of the county clerk, and was convicted and sentenced. The information was as follows: ■

“Be it remembered that Novia Z. Snell, county attorney in and for Lancaster county and the third judicial district of the state of Nebraska, who prosecutes in the name and by the authority of the state of Nebraska, comes here in person into court at this, the February term, A. D. 1892, thereof,…

2Cases cited4 opinions

  1. Gee Wo v. StateNebraska Supreme Court · 1893
  2. Smith v. StateNebraska Supreme Court · 1887
  3. Rakes v. PeopleNebraska Supreme Court · 1873
  4. Gammons v. HolmanOregon Supreme Court · 1884

3Cited by7 opinions

  1. People v. DevinnyNew York Court of Appeals · 1919
  2. The People v. BrownIllinois Supreme Court · 1929
  3. People v. . DevinnyNew York Court of Appeals · 1919
  4. Carpenter v. StateNebraska Supreme Court · 1921
  5. Smith v. StateNebraska Supreme Court · 1904

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