Welsh v. State
Nebraska Supreme Court
Error to the district court for Holt county. Tried below before Westover, J. argued as to change of venue that the constitution guarantees to every person accused of crime an impartial trial, and our legislature has provided a way, when a community has become aroused and strong prejudice created against one so accused, for such a trial in an unprejudiced community.
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Error to the district court for Holt county. Tried below before Westover, J. argued as to change of venue that the constitution guarantees to every person accused of crime an impartial trial, and our legislature has provided a way, when a community has become aroused and strong prejudice created against one so accused, for such a trial in an unprejudiced community. There is no rule better settled than the one that when the public sentiment of a whole community is aroused its effect upon a jury is to prevent a calm and dispassionate inquiry into the merits of the controversy; such is the rule…
1Opinion of the CourtNorval, C. J.
The defendant, Patrick Welsh, was tried in the district court of Holt county on an information charging him with having, on the night of August 23, 1899, committed the crime of rape on one Katie Yonke; and from the judgment of conviction comes to this court on error. The crime was a most revolting one. We do not deem it necessary to enter into a detailed statement of the facts, but shall confine ourselves to the questions of law urged by defendant as grounds for reversal. No regular term of the district court was to be held in Holt county for some time after the offense was committed, so, at…
2Cited by24 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- Woodruff v. StateNebraska Supreme Court · 1904
- Hackney v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1903
- Halsted v. SchuetzNebraska Supreme Court · 1945
- Cooper v. StateNebraska Supreme Court · 1931
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