Whitner v. State
Nebraska Supreme Court
Error to the district court for Colfax county. Tried ' below before Sullivan, J. Plaintiff in error, standing in loco parentis, had the right to reasonably chastise the child to enforce her authority. (Snowden v. State, 12 Tex. App., 105; Gormon v. State, 42 Tex., 221; Dowlen v. State, 14 Tex. App., 61; 1 Am. & Eng. Ency.
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Error to the district court for Colfax county. Tried ' below before Sullivan, J. Plaintiff in error, standing in loco parentis, had the right to reasonably chastise the child to enforce her authority. (Snowden v. State, 12 Tex. App., 105; Gormon v. State, 42 Tex., 221; Dowlen v. State, 14 Tex. App., 61; 1 Am. & Eng. Ency. Law, 794.) In addition to the general presumption of innocence, the plaintiff had in her favor the presumption that the punish- ■ ment was proper and reasonable, and the burden was on prosecutrix to prove that it was excessive. (Marlsbary v. State, 37 N. E. Rep. [Ind.], 558;…
1Opinion of the CourtPost, J.
The plaintiff in error was by information in the district court for Colfax county charged with assaulting one Annie Walker, a child nine years of age, with intent, unlawfully and feloniously, to inflict great bodily injury, etc. Upon the filing of the information, to-wit, March 28, 1893, a motion to quash and for the discharge of the accused was interposed, in which the following grounds were in different forms alleged: (1.) No preliminary examination of the accused was had previous to the filing of said information. *146(2.) Said information was not filed until the third regular term of court…
2Cases cited5 opinions
- Hill v. StateNebraska Supreme Court · 1894
- Cowan v. StateNebraska Supreme Court · 1887
- Hammond v. StateNebraska Supreme Court · 1894
- Botsch v. StateNebraska Supreme Court · 1895
- Murphey v. StateNebraska Supreme Court · 1894
3Cited by7 opinions
- Davis v. StateNebraska Supreme Court · 1897
- Whitehead v. StateNebraska Supreme Court · 1927
- State v. FromkinNebraska Supreme Court · 1963
- Critser v. StateNebraska Supreme Court · 1910
- Glebe v. StateNebraska Supreme Court · 1921
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