41 Neb. 356 | Neb. | 1894
This case originated in Boone county. After a change of venue, the defendant was convicted in Platte county. The charge upon which he was found guilty was that he had aided, abetted, procured, incited, and hired Robert Nickerson and Lafayette Bolingbroke to steal certain cattle, the property of Simons & Co., of the value of $345. These cattle were, after the alleged larceny, found among cattle owned by the defendant, whose connection with and responsibility for the said larceny were established by the direct evidence of both Nickerson and Bolingbroke. In
Criticism of instructions has been freely indulged in, but no error of any prejudicial tendency has been pointed out. No instructions were asked on behalf of the accused, so that no question arises on account of modifications or refusal of requests in that respect.
Affidavits were filed to show the existence of prejudice entertained against the defendant by Mr. Hale, a juror. This showing, however, was not of prejudice, correctly speaking. The affiants, as to this matter, said that the statement of Mr. Hale was that he knew that Lamb was a dangerous man whom it would not do to let get away; that he had known said Lamb for five years to have been at the head of a gang of cattle thieves, who stole cattle and ran them up into the reservation and sold them, and that such men should not be allowed to run at large. The record does not show what questions were propounded to this juror upon his voir dire examination. In the affidavits of counsel for the accused it appears, however, that Mr. Hale on such examination answered that he had no bias or prejudice against the defendant,, and had formed no
Affirmed.