61 Neb. 459 | Neb. | 1901
The information upon which the defendant, Edward Jerome, was tried in the district court for Dodge couuty was drawn under section 16 of the Criminal Code and contained two counts, the first charging a malicious shooting with intent to kill, and the second a malicious shooting with intent to wound. There was an acquittal upon the first count and a conviction on the second. The questions raised by the petition in error and discussed by counsel are numerous, but none of them important or intrinsically difficult.
•The first assignment of error here necessary to consider arises on the ruling of the court permitting the state to show that Pope had money on his person at the time of the shooting and that Jerome knew it. This evidence was introduced on the theory that the defendant
The defendant complains because the prosecuting witness was not put upon the stand in rebuttal. It was altogether discretionary with the state whether any evidence in rebuttal should be produced. Besides, the ruling of the court upon this point was not, and could not have been, under any circumstances, legally prejudicial.. There is an obvious logical difficulty in holding that a party has been injured because the testimony of his witnesses was-not contradicted by his adversary.
The exceptions based upon the admission and rejection of evidence and upon the giving and refusal of instructions do not, in our judgment, present a single question that has not been, by the decisions of this and other courts, long since removed from the domain of legitimate discussion. We have read with care the entire record in this case and are entirely satisfied that the defendant was given a fair and impartial trial, that the verdict rendered was a righteous one and that the district court did not err in refusing to set it aside. The judgment is
Affirmed.