Preuit v. People
Nebraska Supreme Court
This was an indictment for murder found in the district court of Jefferson county. The cause was removed for trial to Thayer county, and resulted in the conviction of the prisoner. He then sued out this writ of error. cited Doyle v. The State, 17 Ohio, 222. Portis v. The State, 23 Miss., 578. Stevens v. The State, 3 Ohio State, 453. -Burley v. The State, 1 Neb., (¡96. 1 Bishop Grim.
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This was an indictment for murder found in the district court of Jefferson county. The cause was removed for trial to Thayer county, and resulted in the conviction of the prisoner. He then sued out this writ of error. cited Doyle v. The State, 17 Ohio, 222. Portis v. The State, 23 Miss., 578. Stevens v. The State, 3 Ohio State, 453. -Burley v. The State, 1 Neb., (¡96. 1 Bishop Grim. Prac., Sec. 921. Nebraska Criminal Code, Secs. 453, 456, 457, 458. Shoemaker v. The State, 12 Ohio, 43. Laws Neb., 1875, 63. Oooley Con. Lim., Sec. 329. Lowenberg v. The People, 27 N. Y., 336. Elliott v. The…
1Opinion of the Court
Lake, Oh. J.
A very large number of errors are assigned, but we will notice those only that are essential to a fair consideration of the case.
I. It is assigned for error “ that the grand j ury was not lawfully chosen, impaneled and sworn.”
The record discloses the tact that two of the persons originally drawn as grand jurors were excused from serving, and that “ thereupon the court ordered the sheriff to fill the panel by summoning the following persons as *379talesmen: D. W. Edgerton and Wilson Armstrong.” And it further appears that the said Armstrong was afterward also excused, and “ thereupon…
2Cases cited1 opinion
- Burley v. StateNebraska Supreme Court · 1871
3Cited by34 opinions
- Davis v. StateNebraska Supreme Court · 1897
- Heldt v. StateNebraska Supreme Court · 1886
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Vollmer v. StateNebraska Supreme Court · 1888
- State v. GastonNebraska Supreme Court · 1974
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