Curry v. State
Nebraska Supreme Court
Error to the district court of Doug-las county. It was an indictment for an assault upon Edward Rosewater, with intent to murder. The trial below before Savage, J., resulted in a verdict of guilty, and the sentence of the prisoner to the penitentiary for four years. Fie sued out a writ of error to this court.
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Error to the district court of Doug-las county. It was an indictment for an assault upon Edward Rosewater, with intent to murder. The trial below before Savage, J., resulted in a verdict of guilty, and the sentence of the prisoner to the penitentiary for four years. Fie sued out a writ of error to this court. Among other instructions asked for on his behalf, and refused, was the following: “The jury, before they can convict in this case, must find from the evidence that the attack upon Rosewater was made by Curry unlawfully, willfully, feloniously, maliciously, purposely, and of his the said…
1Opinion of the Court
Lake, Ch. J.
Several errors are assigned, but we shall content ourselves with noticing those only that were relied upon in the argument as ground for a reversal of the judgment.
I. During the formation of the trial jury, several exceptions were taken on behalf of the prisoner to the rulings of the judge, which call for a construction of Sec. -468, of the criminal code. And, on this point, it will suffice to take the case of a single juror for the purpose 'of giving our views of the scope and effect of this section, and the extent of its modification of the common law rule of the courts on this…
2Cases cited5 opinions
- People v. MatherNew York Supreme Court · 1830
- Coffin v. AndersonIndiana Supreme Court · 1837
- State v. WilliamsSupreme Court of Alabama · 1831
- State ex rel. Prosecuting Attorney v. Commercial BankOhio Supreme Court · 1841
- Caw v. PeopleNebraska Supreme Court · 1874
3Cited by18 opinions
- Olive v. StateNebraska Supreme Court · 1881
- Jahnke v. StateNebraska Supreme Court · 1903
- Basye v. StateNebraska Supreme Court · 1895
- Flege v. StateNebraska Supreme Court · 1913
- Krchnavy v. StateNebraska Supreme Court · 1895
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