87 Neb. 721 | Neb. | 1910
The plaintiff was convicted in the district court for Dixon county of the crime of assault with intent to commit rape. The judgment of conviction was reviewed in this court and no error found therein, except that the court failed to inform the defendant in that prosecution of the verdict of the jury before sentence was pronounced. The cause was remanded to the district court for sentence, 84 Neb. 708. Before the defendant was resentenced, and again immediately afterwards, both being within one year from the trial in the district court, the defendant, who is plaintiff here, filed petitions for a new trial on the ground of newly'discovered evidence. Upon motion of the prosecuting attorney the court dismissed these petitions, and the plaintiff lias appealed.
As shown by the petitions and exhibits thereto, the new evidence consisted in testimony that the defendant was insane at the time of his trial and conviction, and that
The judgment therefore of the district court is right, and is
Affirmed.