75 Neb. 294 | Neb. | 1905
The plaintiff in error, William Krens, together with his brother Joseph, were jointly charged ‘with the crime of
1. He contends that the court erred in refusing to permit his codefendant, Josepli Krens, to remain in the courtroom during his trial.
It is a sufficient answer to this contention to say that the matter complained of is one resting in the sound discretion of the trial court. There is no showing of an abuse of such discretion, or that the accused was in any way prejudiced in his substantial rights by the refusal to allow his codefendant to be present at the trial. The order complained of was the result of the severance which the accused demanded, and he is not in a position to complain of a situation Avliich resulted from his own action.
2. Complaint is also made of the action of the trial court in admitting in evidence state’s exhibits “A” and “B,” the former being the shoes of the accused, and the latter those of his codefendant, Joseph, because of lack of proper identification. It appears from the evidence that on the 10th day of September, 1901, Albert J. Read had a party of the name of Howard threshing for him Avith a steam thresher. HoAvard had recently come into the neighborhood from a distance, bringing with him his threshing outfit, and this Avas his first work in that neighborhood. That night, after Mr. Read had retired, he Avas awakened by a neighbor, avIio informed him that a fire was destroying his grain shack and other property. Read and Howard Avent immediately to the scene of the fire, where
We are therefore of opinion that the district court did not err in receiving the evidence complained of.
An examination of the record convinces us that the accused was accorded a fair trial, and that the evidence is sufficient to sustain the verdict and judgment. We are satisfied that the record contained no reversible error, and the judgment of the district court is therefore
Affirmed.