Kastner v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Slabatjg-h, J. See opinion for statement of the case. The nineteenth instruction, relating to malice and to the different degrees of murder, was erroneous. (Vollmer v. State, 24 Neb. 838; Erwin v. State, 29 O. St. 186; People v. Ereel, 48 Cal. 436; Morgan v. Slate, 16 Tex.
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Error to the district court for Douglas county. Tried below before Slabatjg-h, J. See opinion for statement of the case. The nineteenth instruction, relating to malice and to the different degrees of murder, was erroneous. (Vollmer v. State, 24 Neb. 838; Erwin v. State, 29 O. St. 186; People v. Ereel, 48 Cal. 436; Morgan v. Slate, 16 Tex. App. 593.) Instruction 24, relating to circumstantial evidence, was erroneous. {Morgan v. State, 51 Neb. 672.) A portion of instruction 25 is erroneous because it singled out and weakened a portion of the testimony. {Horn v. State, 15 So. Rep. [Ala.] 278;…
1Opinion of the CourtNorval, J.
An information, consisting of two counts, was filed in the district court of Douglas county, charging, in the first count thereof, August Kastner, Joseph Kastner, and *769Louis Kastner with murder in the first degree, by having unlawfully, purposely, and feloniously, and of their deliberate and premeditated malice, killed and murdered one Daniel Tiedeman; and in the second count charging the murder of Tiedeman by said Kastners while they were in the commission of a burglary. Each of the prisoners, to the information, entered a plea of not guilty, and August Kastner, at his request, was granted a…
2Cases cited17 opinions
- Morgan v. StateNebraska Supreme Court · 1897
- Heldt v. StateNebraska Supreme Court · 1886
- Korth v. StateNebraska Supreme Court · 1896
- Preuit v. PeopleNebraska Supreme Court · 1877
- Barr v. City of OmahaNebraska Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jahnke v. StateNebraska Supreme Court · 1903
- State v. SilvaIdaho Supreme Court · 1912
- State v. FriesNebraska Supreme Court · 1983
- Kennison v. StateNebraska Supreme Court · 1908
- McCartney v. StateNebraska Supreme Court · 1935
12 more not listed; retrieve them via the Exa API.